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.
Raich, 41, sobbed 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."
Although the three-judge appeals panel refused Raich's request to block enforcement of the 1970 Controlled Substances Act, it left open the possibility that if she were arrested and prosecuted, she might be able to argue that she possessed marijuana as a last resort to stay alive, in what is known as a "medical necessity defense."
"I have to get myself busted in order to try to save my life," Raich said."
First of all, this woman has been "dying" for years now, and I understand that this seems harsh, but I just don't buy into the "Grass is keeping me alive" defense. I've personally been in pain rivaling absolute agony, and found that methadone was far more helpful than marijuana.
Also, why is it always someone from California who is in desperate need of one illegal substance or another in order to stay alive.
It is against the law to use marijuana. This I believe to be a stupid law, but once you stamp null and void on a law for one person, then you've opened the floodgates. Different people have different pain tolerance levels, and one mans writhing is another's mere discomfort, so I can see where the line has to be drawn somewhere. If the ones ready to throw a pity party for Ms Raich were asked to vote on the legalization of pot, they'd probably vote no, but would wish to see a select few capable of using the drug when necessary.
Life doesn't work that way. Life isn't fair. Funnel the time and effort into the legalization of marijuana, but there are ENOUGH of those who get singled out for special treatment as it is, and adding to such a list doesn't address the problem, it cloaks it.
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