Appeals Court Rejects Medical Marijuana Use
March 15, 2007
The Indianapolis Star
SAN FRANCISCO A woman whose doctor says marijuana is the only medicine keeping her alive can face federal prosecution on drug charges, a federal appeals court ruled Wednesday.
The ruling was the latest legal defeat for Angel Raich, 41, a mother of two from Oakland suffering from scoliosis, a brain tumor and other ailments. On her doctor's advice, Raich eats or smokes marijuana every couple of hours to ease her pain and bolster her appetite.
The latest legal twist once again highlighted the conflict between the federal government, which declares marijuana illegal, and the 11 states allowing medical marijuana with a doctor's recommendation.
The three-judge appeals panel, however, left open the possibility that Raich, if she was arrested and prosecuted, 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."
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