norml17 - Page 24

 because of the AIDS epiderrfic° Those of us with diseases receiving less
 publicity than AIDS may be the only ones able to see the proverbial silver
 fining.
 A theoretical method of getet_g the law changed is through a voter
 initiative. That is virtually impossible to en_sion in reality, because of the
 huge amount of time and energy required, and the physical debilitations
 suffered by the people who care about the issue most.
 Finally, if none of those approaches succeed, the law is probably
 vulnerable to a well-thought-out attack on state constitutional grounds° The
 most straightforward would be the equal protecfion/pfivileges-and-hrLmunities
 analysis presented above beginning on page 22, primarily because there
 would be tittle risk in having the case dismissed for tack of briefing on the
 factors, Justice Utter having provided the entire analysis in his
 concurring opinion in Ste_.Srrfith. 90 Another attack could be mounted
 invoking the "frequent recurrence to fundamental pfinciples" of Section 32,
 applying it both to the inhumane withholding of medication for no legitimate
 state purpose, and to the bizarre legal position people are left in under
 DianA.
 Both of the above could theoretically be mounted without being
 arrested and charged, the de_ls (even theoretical) of wbSch are beyond the
 purview (or deadline possibiIifies) of thSs paper. Suffice to say, there is a law
 on the books stating that marijuana will be provided. 91 On the other hand, if a
 person were convicted and sentenced, a successful attack could probably
 void the law as being creel purfishment under article 1, § 14o
 The issue of federal supremacy remains, also beyond the purview of
 this paper. HoweveL in a practical sense, just as the federal government
 doesn't investigate and prosecute possession of marijuana in personal-use
 amounts, so they could be counted on to ignore persons using it
 therapeutically.
 This is clearly a law that needs to be changed, and if no other avenue is
 available, a court challenge, properly researched and invoking the protection
 90 _ note 71o
 91 _up, r_, nora 14.
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