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Indybay Feature

9th Circuit Rejects Raich Appeal

by CA NORML
The Ninth Circuit Court of Appeals rejected Angel Raich's appeal,
ruling that there is no fundamental constitutional right to use
marijuana for relief of pain and suffering.
The Ninth Circuit Court of Appeals rejected Angel Raich's appeal,
ruling that there is no fundamental constitutional right to use
marijuana for relief of pain and suffering. In a 3-0 ruling, Judge
Harry Pregerson wrote,
>"We agree with Raich that medical and conventional
>wisdom that recognizes the use of marijuana for medical purposes
>is gaining traction in the law as well. But that legal recognition
>has not yet reached the point where a conclusion can
>be drawn that the right to use medical marijuana is "fundamental"
>and "implicit in the concept of ordered liberty."
The court also rejected Raich's contention that the 10th
Amendment protected her right to use medical marijuana.
Full text of the ruling may be found at
http://www.ca9.uscourts.gov/ca9/newopinions.nsf/630C41C84B670F308825729D007E5429/$file/0315481.pdf?openelement
--
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Dale Gieringer / California NORML (415) 563-5858 // canorml [at] igc.org
2215-R Market St. #278, San Francisco CA 94114
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Noel Adamson
Thu, Mar 15, 2007 8:10AM
Fresno Bee repost
Wed, Mar 14, 2007 11:33AM
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