November 29, 2004: Angel McClary Raich is asking the U.S. Supreme Court to stop the federal government from cutting off her access to marijuana, which she uses under a doctor's recommendation to treat the physical manifestations of an inoperable brain tumor and wasting disease. In addition to Raich, who is from Oakland, the co-plaintiffs in this case include Diane Monson of Oroville in Butte County, who has severe back pain and muscle spasms, and two caregivers. Both women rely on medicinal use of cannabis in order to make it through each day. The case could affect the status of medical marijuana patients all over the United States. California is one of 10 states that now allow people to use marijuana for medicinal purposes, but the federal government has never shown signs of agreeing that marijuana has valid medicinal properties.

Background: "The federal government's view is that Congress passed a law in 1970 strictly regulating the possession and distribution of marijuana. Because the law, the Controlled Substances Act, made no exception for medicinal use of marijuana, that should be the end of the matter, the government contends. The Supreme Court sided with the government three years ago in an 8-0 decision that was a setback for Raich and other California residents who depend on marijuana for medical treatments. Now she is back with a new legal challenge to the government's position." The court first heard arguments in the case on November 29th, and a decision will likely come in the spring. There was an informational picket in San Francisco from 12pm to 1pm at the 9th US Circuit Court of Appeals on the 29th.

In May of this year, Raich and Monson, along with their caregivers, were granted a preliminary injunction based on last December's U.S. Court of Appeals decision that the arrest and prosecution of medical cannabis patients is unconstitutional, so long as they obtain the drug without buying it or crossing state borders and use it medicinally in compliance with state law. Read more
Indybay Coverage of December, 2003 9th Circuit Court of Appeals Decision
Angel Raich's Website