The Supreme Court's decision Monday in the Raich medical marijuana case is not likely to endanger most individual growers and patients. The court decided 6-3 that the federal government can prosecute medical marijuana patients, even in states where medical marijuana is legal. However, state laws remain unchanged, and with 99% of marijuana arrests taking place at the state or local level, state medical marijuana laws provide enormous protection for patients and their caregivers.
 
Angel Raich and Diane Monson, two medical marijuana patients in California, sued the federal government in 2002 in order to end federal raids on sick people. Though the Supreme Court did not rule in their favor, the decision dealt with issues of interstate commerce rather than the legitimacy of using marijuana for medicinal purposes. In fact, the majority opinion expressed sympathy for medical marijuana patients, declaring that it was up to Congress to change federal law to protect sick and dying patients. Justice Stevens wrote, "...the voices of voters allied with these women may one day be heard in the halls of Congress."
 
There is an opportunity to make that happen in the form of an amendment before Congress that would prohibit the U.S. Justice department from spending money to undermine state medical marijuana laws. Introduced by Congressman Hinchey, a Democrat from New York, and Congressman Rohrabacher, a Republican from California, the Hinchey-Rohrabacher Amendment would modify an Appropriations bill to stipulate that the Drug Enforcement Administration (DEA) could not use any funds to raid medical marijuana patients or otherwise interfere with state medical marijuana law. This amendment has been introduced in past years, and will be up for a vote by this year's Congress early next week. You can urge your Member of Congress to support this bill by taking action here.
 
In the meantime, most of the 10 states that already have medical marijuana laws are refusing to be cowed. California Attorney General Bill Lockyer said in the wake of the Supreme Court decision, "Nothing is different today than it was two days ago, in terms of real world impact." And just one day after the ruling, the Rhode Island Senate voted 34-2 to make medical marijuana legal. However, the decision could deter other states from passing medical marijuana legislation in the future. The only sure way to protect patients is to remove the possibility that they will be prosecuted at the federal level.  “Congress needs to send a clear message to federal bureaucrats that our nation has higher priorities than busting sick people,” said Bill Piper, the Alliance's Director of National Affairs.