Raich Goes Down
The 9th Circuit Court of Appeals has affirmed the Supreme Court's judgment against Angel Raich.
A California woman whose doctor says marijuana is the only medicine keeping her alive can face federal prosecution on drug charges, a U.S. appeals court ruled Wednesday.
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 marijuana should be allowed if it is the only viable option to keep a patient alive.
Rather cruelly, the court's left Raich with the option of getting arrested and defending her marijuana use under the Medical Necessity Defense. Her response: "I have to get myself busted in order to try to save my life."
Previous Reason writing on Raich: