cannabisnews.com: MMJ Spokespatient Watches Court Debate Her Case





MMJ Spokespatient Watches Court Debate Her Case
Posted by CN Staff on November 29, 2004 at 18:21:12 PT
By Erica Werner, Associated Press
Source: Associated Press
Washington -- California's self-described "spokespatient" for medical marijuana watched the Supreme Court debate her case Monday, then pleaded publicly for the justices to allow her and other sick people to continue using the drug."Without cannabis, I would not be standing here before you," Angel Raich, 39, of Oakland, Calif., told a news conference after the oral argument.
"I ask the Supreme Court to please help me save my life."Raich uses marijuana every two hours to fight ailments including tumors, seizures and chronic nausea, and contends she and other severely ill patients could die without it. She even suggested that Chief Justice William Rehnquist might benefit from the drug.The 80-year-old chief justice is undergoing treatment for thyroid cancer and missed Monday's argument."I think he would find that cannabis would help him a lot," Raich said.The mother of two traveled to Washington with about 20 family members and supporters to watch the culmination of a legal battle that began when she and co-plaintiff Diane Monson of Oroville, Calif., sued Attorney General John Ashcroft in 2002.They brought the suit after federal officials started raiding medical marijuana suppliers in California and seizing individuals' plants, including six from Monson's home.At issue is whether states have the right to adopt laws allowing the use of drugs the federal government has banned, and whether federal drug agents can arrest individuals for abiding by those medical marijuana laws.California passed the nation's first medical marijuana law in 1996, and 10 other states have passed similar laws since.Raich and Monson won in the 9th U.S. Circuit Court of Appeals in San Francisco, and Raich carries in her purse a copy of a preliminary injunction from that court that bars federal officials from arresting her for using medical marijuana as allowed by California's law.The pale-skinned, 100-pound activist said she used marijuana just before her news conference, a mere block from the Supreme Court and less than a mile from Department of Justice.Raich smokes the drug or inhales it in vaporized form, using medical-quality strains with names such as "Haze X" and "Juicy Fruit."Without the drug, Raich said she would be confined to a wheelchair as she once was - or wasting away entirely because of loss of appetite. She began using marijuana after traditional drugs didn't help, and has her doctor's blessing."Do you really feel that it's the right of the federal government to tell a patient how they should get their medical care?" Raich asked, her eyes behind wire-rimmed glasses occasionally filling with tears."I don't like using cannabis," she said. "I use cannabis because I have to, not because I choose to."Complete Title: Medical Marijuana 'Spokespatient' Watches Court Debate Her CaseSource: Associated Press (Wire)Author: Erica Werner, Associated PressPublished: Monday, November 29, 2004Copyright: 2004 The Associated Press Related Articles & Web Sites:Raich vs. Ashcroft http://www.angeljustice.org/Angel Raich v. Ashcroft Newshttp://freedomtoexhale.com/raich.htmJustices Appear Unlikely To OK Medical Use http://cannabisnews.com/news/thread19908.shtmlJustices React Skeptically Medical-Marijuana http://cannabisnews.com/news/thread19907.shtmlCourt Questions Possible Abuse of Pot Lawshttp://cannabisnews.com/news/thread19906.shtml 
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Comment #1 posted by FoM on November 29, 2004 at 19:03:39 PT
Related Article from The Arizona Republic
Medical Marijuana Here? Don't Hold Your Breath Robbie Sherwood and Elvia Diaz, The Arizona RepublicNovember 29, 2004Arizona is not a friendly state for medical marijuana users despite two successful voter initiatives. And a pending U.S. Supreme Court ruling on pot for the chronically ill isn't likely to change things.Arizona legal experts predict the Supreme Court will not allow sick people here and in 10 others states with medical marijuana laws to get around a federal ban on pot. But even if the court, which heard arguments Monday, upholds a California law allowing medical marijuana for chronically ill patients who have a doctor's recommendation, the impact in Arizona is likely to be small. advertisement 
 
 That's because Arizona is the only state with a voter-approved medical marijuana law that requires a doctor's prescription, not just a recommendation. Unless the Drug Enforcement Administration changes its classification of marijuana as a harmful drug with no medical benefits, writing a prescription for it would still be illegal. "Doctors are scared to death of getting their certification revoked," said Nick Hentoff, a Phoenix lawyer and member of the National Organization for the Reform of Marijuana Laws. "It might ease doctors' anxiety (if the court upholds the California law) but Arizona isn't a state friendly to medical marijuana."Maricopa County Attorney Rick Romley, an ardent foe of legalizing pot in any form, said he predicts the court will overturn California's law. But if it didn't, prosecutors would probably not go after Arizonans with valid prescriptions for marijuana. But securing that prescription would be tricky, Romley said."Even if a doctor might be willing to prescribe it, it's required to be filled by a licensed pharmacy," Romley said. "Where would the pharmacy get it? I just don't see a great impact for Arizona."Romley added that he believes the medical marijuana issue is a stalking horse for legalizing drugs, pointing out that when backers tried to remove the prescription requirement in a 2002 initiative, it failed.Any doctor who writes an illegal prescription places his license in danger, said Dr. Edward Schwager of Tucson, chairman of the Arizona Medical Board. But upholding California's law would be a step in the right direction for Ron Frank, a 55-year-old Phoenix resident who has been smoking marijuana for 25 years for his glaucoma and to ease chronic back pain. Frank hasn't been able to smoke for about two months and now faces possible prison time because he was caught for the third time with possession of small amounts of the drug. He supports legalizing marijuana for medical purposes only. "I have to rest my eyes because they get blurry," Frank said. "Marijuana usually takes the blurriness away and the pressure inside my eyeballs."The Court appeared hesitant Monday to endorse medical marijuana, the Associated Press reported.Justice Stephen Breyer said supporters of marijuana for the ill should take their fight to federal drug regulators - before coming to the Supreme Court. Several justices repeatedly referred to America's drug addiction problems.The high court heard arguments in the case of a California woman, Angel Raich, who tried dozens of prescription medicines to ease the pain of a brain tumor and other illnesses before she turned to pot.Snipped:Complete Article: http://www.azcentral.com/health/news/articles/1129medical-marijuana-ON.html
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