Mr. Philip Andrews
(Address withheld by CMD Admin.)

Dear Mr. Andrews:

Thank you for contacting me regarding HR 2592, the States' Rights to Medical Marijuana Act. I appreciate hearing from you.

As you know, HR 2592, sponsored by Representative Frank, is a bill to exempt marijuana from the Controlled Substances Act (CSA) when it is prescribed or recommended by a physician for medical use under state law. The CSA is the federal law that makes illegal the possession or sale of narcotics including marijuana, cocaine, heroin, and other drugs. This bill was referred to the House Committee on Energy and Commerce, Subcommittee on Health in July 2001 for further consideration. No similar legislation has been introduced in the Senate.

HR 2592 is a legislative response to the U.S. Supreme Court decision, in the case of United States v. Oakland Cannabis Buyers Cooperative, on May 14, 2001. In this decision, the Supreme Court held that marijuana has no medical benefits worthy of an exception to CSA and that, as a result, the distribution of medical marijuana violates the federal Controlled Substances Act.

As a result of this ruling, the Justice Department raided several medical marijuana distribution centers in California including the Oakland Cannibus Buyers Cooperative and the California Medical Research Center. While these raids are legal, I find them a troubling use of scare resources during our war on terrorism. In addition, both the ruling and the raids reflect a lack of respect for popularly adopted state legislative measures. This disregard for state-sponsored legislation is further evidenced by Mr. Ashcroft's recent decision to prosecute physicians dispensing drugs pursuant to a 1994 Oregon voter initiative which legalized assisted suicide.

Again, thank you for sharing your concerns with me. Should the Senate consider legislation like HR 2592 during the 107th Congress, I will be sure to keep your views in mind. Finally, I encourage you to keep in touch in the future on the issues that are important to you. Sincerely,