U.S. Court Upholds Ban on Medicinal Use of Pot

A federal appeals court refused Friday to force the government to allow the use of marijuana for medical reasons by people suffering from cancer, AIDS and other illnesses.

The U.S. Court of Appeals for the District of Columbia Circuit upheld the George Bush Administration’s 1992 decision barring doctors from prescribing marijuana.

That decision was supported by substantial evidence, the court said, noting that many medical experts testified “that marijuana’s medicinal value has never been proven in sound scientific studies.”

The Clinton Administration has said it is reconsidering the ban, and Arnold Trebach of the private Drug Policy Foundation urged the government to reverse the policy.

“The ball is in Mr. Clinton’s court,” Trebach said. “He can look up and say: ‘Enough of this foolishness.’ He can do something compassionate.”

Trebach said an appeal to the Supreme Court would be considered.

Supporters of the medical use of marijuana say there is strong evidence that it eases the nausea and loss of appetite caused by cancer and AIDS treatments, eases muscle spasms for people with spinal cord injuries or multiple sclerosis and alleviates the eye pressure that blinds glaucoma sufferers.

Some people were allowed to obtain permission from the Food and Drug Administration to use marijuana for such purposes starting in 1976. A few of those people are still allowed to use marijuana, but new requests have not been approved.

The appeals court said the Bush Administration showed a “reasonable preference for rigorous scientific proof over anecdotal evidence, even when reported by respected physicians.”

The court also rejected claims that Bush Administration officials had a history of prejudice against the medical use of marijuana.