9th Circuit Rejects Raich Appeal

CALIFORNIA: Court rules against dying woman in medical marijuana case

By DAVID KRAVETS
03/14/07 10:18:08

A federal appeals court ruled Wednesday that a California woman whose doctor
says marijuana is the only medicine keeping her alive is not immune from
federal prosecution on drug charges.

The case was brought by Angel Raich, an Oakland mother of two who suffers
from scoliosis, a brain tumor, chronic nausea and other ailments. On her
doctor's advice, she eats or smokes marijuana every couple of hours to ease
her pain and bolster a nonexistent appetite as conventional drugs did not
work.

The Supreme Court ruled against Raich two years ago, saying that medical
marijuana users and their suppliers could be prosecuted for breaching
federal drug laws even if they lived in a state such as California where
medical pot is legal.

Because of that ruling, the issue before the 9th U.S. Circuit Court of
Appeals was narrowed to the so-called right to life theory: that the gravely
ill have a right to marijuana to keep them alive when legal drugs fail.

Raich, 41, began sobbing when she was told of the decision and said she
would continue using the drug.

"I'm sure not going to let them kill me," she said. "Oh my God."

When the case was argued before the appeals court a year ago, the government
said it could not guarantee that Raich or other seriously ill patients using
medical marijuana would not be prosecuted. Over the years, the government
has raided dozens of medical marijuana dispensaries, mostly in California.

The case is likely to reach the U.S. Supreme Court, but each time the high
court has taken up the issue of medical marijuana it has ruled against
allowing the sick and dying to use the drug to ease their symptoms and
possibly prolong life.

The latest legal wrangling once again highlighted the tension between the
federal government, which declares marijuana an illegal controlled substance
with no medical value, and the 11 states allowing medical marijuana for
patients with a doctor's recommendation.

Voters in 1996 made California the first state to authorize patients to use
marijuana with a doctor's recommendation. At least 10 other states followed
suit.

The case is Raich v. Gonzales, 03-15481.

Editors: David Kravets has been covering state and federal courts for more
than a decade.

http://www.fresnobee.com/384/story/35245.html

"Life, Liberty and the Pursuit of Happiness" are considered the most fundamental rights upon which the United States was founded. "Inalienable rights" to be precise. They have denied all three to Ms. Raich. While the phrase "Life, Liberty and the Pursuit of Happiness" may not appear verbatim in the constitution the intent of the founders of this country was very clear as is the intent of those seeking to institute, or rather increase, fascism here in the most imprisoned and otherwise militarized nation on earth. All this while actual criminals walk free on our streets and in the halls of power.