Your Freedom or Your Life
Thalia.
Posted to Legal on Mon Mar 19, 2007 at 10:39:12 AM EST (promoted by port1080). RSS.
You may recall the case of Raich v. Ashcroft, the case decided by the Supreme Court 6-3, in which a woman having multiple severe medical problems was denied the right to grow and use marijuana. The case was remanded by the Supreme Court to the Ninth Circuit.
The Ninth Circuit has finally handed down its opinion (PDF), in a 2-1 decision, they held that in light of the Supreme Court's decision, they had no choice but to tell Angel Raich to drop dead. Raich's argument was simple. She asserts that she cannot survive -- having multiple chronic illnesses including an inoperable brain tumor -- without marijuana's effects. Therefore, she argued that her right to survival or life made it necessary for her to smoke pot. This type of argument is called the medical necessity argument. The judges' decision points out that Ms. Raich was asking for an injunction, to prohibit the DEA from prosecuting her. They also suggest that if she is ever arrested, she can renew her medical necessity argument, and that the Ninth Circuit would look favorably on such an argument.
The courts, including the Supreme Court, have gone out of their way to point out that the way to reverse the placement of marijuana on Schedule 1 (no medical uses) is through the democratic process. Every judge who voted against her in this case argued that this was a necessity imposed by the laws as they stand, and that they highly recommend that Congress change the law.
So if a woman with inoperable brain tumor can't move the courts and legislators to fix the drug laws in this country, what will?
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