cannabisnews.com: High Court To Hear Medical Marijuana Case High Court To Hear Medical Marijuana Case Posted by CN Staff on November 29, 2004 at 06:44:51 PT By Gina Holland, Associated Press Writer Source: Associated Press Washington -- Angel Raich tried dozens of prescription medicines to ease the pain of a brain tumor and other illnesses before she took up another drug: pot. The 39-year-old mother of two has the support of her doctor and a California medical marijuana law when she uses a blend of a marijuana variety known as "Haze X" every few hours.Dozens of people camped out outside the Supreme Court, some with blankets, to hear justices debate Monday whether that's enough to protect Raich from the federal government, which makes no exceptions for the seriously ill in its war on drugs. Groups such as the Drug Free America Foundation fear a government loss in this case will undermine campaigns against addictive drugs.Supporters of Raich and another ill woman who filed a lawsuit after her home was raided by federal agents argue that people with the AIDS virus, cancer and other diseases should be able to grow and use marijuana.Besides California, nine other states allow people to use marijuana if their doctors agree: Alaska, Colorado, Hawaii, Maine, Montana, Nevada, Oregon, Vermont and Washington. Arizona also has a law permitting marijuana prescriptions, but no active program.After hearing the arguments, the Supreme Court will consider whether the federal law that bans marijuana possession can be enforced in those states.The San Francisco-based 9th U.S. Circuit Court of Appeals had ruled against the government in a divided opinion that found federal prosecution of medical marijuana users is unconstitutional if the marijuana is not sold, transported across state lines or used for non-medicinal purposes.Lawyers for Raich and Diane Monson contend the government has no justification for pursuing ill small-scale users. Raich, an Oakland, Calif., mother of two teenagers, has scoliosis, a brain tumor, chronic nausea and other illnesses. Monson, a 47-year-old accountant who lives near Oroville, Calif., has degenerative spine disease and grows her own marijuana plants in her backyard."The federal government has no compelling interest in condemning Angel Raich and Diane Monson to avoidable suffering and even death," their lawyers told justices in a court filing.The Bush administration argues that Congress has found no accepted medical use of marijuana and needs to be able to eradicate drug trafficking and its social harms.The Supreme Court ruled three years ago that the government could prosecute distributors of medical marijuana despite their claim that the activity was protected by "medical necessity."Dozens of groups have weighed in on the latest case, which deals with users and is much more sweeping.Alabama, Louisiana and Mississippi, conservative states that do not have medical marijuana laws, sided with the marijuana users on grounds that the federal government was trying to butt into state business of providing "for the health, safety, welfare and morals of their citizens."Some Republican members of Congress, meanwhile, urged the court to consider that more than 20,000 people die each year because of drug abuse. A ruling against the government, they said, would help drug traffickers avoid arrest, increase the marijuana supply and send a message that illegal drugs are good.California's 1996 medical marijuana law allows people to grow, smoke or obtain marijuana for medical needs with a doctor's recommendation.Medical marijuana was an issue in the November elections. Montana voters easily approved a law that shields patients, their doctors and caregivers from arrest and prosecution for medical marijuana. But Oregon rejected a measure that would have dramatically expanded its existing medical marijuana program.The case is Ashcroft v. Raich, 03-1454.On The NetSupreme Court: http://www.supremecourtus.gov Source: Associated Press (Wire)Author: Gina Holland, Associated Press Writer Published: Monday, November 29, 2004Copyright: 2004 The Associated Press Related Articles & Web Site:Angel Raich v. Ashcroft Newshttp://freedomtoexhale.com/raich.htmCourt To Hear Marijuana Casehttp://cannabisnews.com/news/thread19898.shtmlShowdown Over Medical Marijuanahttp://cannabisnews.com/news/thread19896.shtmlCoping With a Life Full of Pain http://cannabisnews.com/news/thread19895.shtml Home Comment Email Register Recent Comments Help Comment #23 posted by FoM on November 29, 2004 at 15:59:18 PT Dankhank Thank you. I thought that was what it was but I didn't know it had a name. Sometimes it shows up and sometimes it doesn't for me. I haven't downloaded Firefox on my new computer yet. I am very slow to try new things when I get a new computer. So far this new computer hasn't had any problems. This is the first time I've ever had a computer work this well. The new DW6000 satellite modem might be making a big difference. It is much easier then the previous modem. You don't need to download anything with this modem. Just plug it in and off you go! [ Post Comment ] Comment #22 posted by Dankhank on November 29, 2004 at 15:52:32 PT Favicon The little graphic immediately to the left of the address in the address bar of your browser.yourn is a green leaf ... [ Post Comment ] Comment #21 posted by FoM on November 29, 2004 at 10:51:06 PT NPR Thanks Sukoi,I'll try to listen to it today. [ Post Comment ] Comment #20 posted by Sukoi on November 29, 2004 at 10:47:39 PT Another Poll Question: Marijuana is ____________ · harmless: 44.2% · a viable medicine: 35.3% · an addictive drug / gateway drug: 10.5% · ten times more potent today than in the 60's: 3.2% · first step to drug addiction: 6.8% 190 individuals have responded to poll.http://www.dfaf.org/index.php [ Post Comment ] Comment #19 posted by Sukoi on November 29, 2004 at 10:04:42 PT FoM I knew that I had seen it before but wasn't sure where - Thanks! I liked the NPR audio link - good coverage of the case! [ Post Comment ] Comment #18 posted by FoM on November 29, 2004 at 09:58:08 PT Sukoi Here's one article.http://www.cannabisnews.com/news/thread19855.shtml [ Post Comment ] Comment #17 posted by Sukoi on November 29, 2004 at 09:54:57 PT Thanks FoM Here is some other stuff:An interesting article from Scientific American:The Brain's Own Marijuanahttp://www.sciam.com/article.cfm?chanID=sa006&colID=1&articleID=0008F53F-80F7-119B-80F783414B7F0000And an audio link from NPR:Supreme Court to Rule on Medical Marijuanahttp://www.npr.org/rundowns/segment.php?wfId=4190119 [ Post Comment ] Comment #16 posted by FoM on November 29, 2004 at 09:36:28 PT Dankhank I'm sorry your link is different then the one I thought it was. [ Post Comment ] Comment #15 posted by FoM on November 29, 2004 at 09:28:30 PT Thanks Sukoi You might want to check out this page. I've been following this case for a long time now. I've been updating it almost daily recently.Angel Raich v. Ashcroft News: http://freedomtoexhale.com/raich.htm [ Post Comment ] Comment #14 posted by Sukoi on November 29, 2004 at 09:26:07 PT FoM You're welcome! There is a list of articles about the case at the SCOTUS Blog: http://www.goldsteinhowe.com/blog/archive/2004_11_28_SCOTUSblog.cfm#110174397622988082 [ Post Comment ] Comment #13 posted by FoM on November 29, 2004 at 09:25:00 PT Dankhank Here's the article from The LA Times.What is a favicon?http://www.cannabisnews.com/news/thread19897.shtml [ Post Comment ] Comment #12 posted by Dankhank on November 29, 2004 at 09:18:55 PT: Ninth Circuit ... http://www.truthout.org/docs_04/113004Z.shtmlabout a plan to split up the ninth circuit into three.The unholy aliance of Prohibitionists, Luddites, and Christians poisoned by Christians, are working from all angles to control us.CrazyworldBy the way, try my site with Firefox, you will see my favicon. Can you tell what is at the bottom? Don't know why IE can't see it, IE sees CN's favicon.Peace Hemp N Stuff [ Post Comment ] Comment #11 posted by FoM on November 29, 2004 at 09:17:34 PT Article from Bloomberg Medical Marijuana Law Draws Skepticism at U.S. Supreme Court Nov. 29 (Bloomberg) -- Several U.S. Supreme Court justices expressed doubts that states can let seriously ill patients ease their symptoms by using marijuana, a drug the federal government has designated as illegal. The Bush administration is appealing a lower court decision allowing two California women to use marijuana on their doctors' recommendation. The administration says the federal Controlled Substances Act, which lists marijuana among the most strictly controlled drugs such as cocaine and LSD, overrides laws in nine states that permit medical use of marijuana. Backers of California's law seem to think ``everybody is going to get it from a friend or from plants in the back yard,'' Justice David H. Souter told the lawyer for the two women. ``They're going to get it in the street. Why isn't that the sensible assumption?'' The case pits the federal drug law against a line of Supreme Court decisions that tilted the federal-state balance of power toward the states. The court ruled in 1995 that Congress couldn't make it a federal crime to possess a gun in a school zone, and in 2000 the justices struck down a provision that let rape victims sue their attackers in federal court. The case is Ashcroft v. Raich, 03-1454. To contact the reporter on this story: Laurie Asseo in Washington at lasseo1 bloomberg.netTo contact the editor responsible for this story: Glenn Hall at ghall bloomberg.netLast Updated: November 29, 2004 11:42 EST [ Post Comment ] Comment #10 posted by FoM on November 29, 2004 at 09:07:54 PT Sukoi Thanks again! I fixed my link. [ Post Comment ] Comment #9 posted by FoM on November 29, 2004 at 08:56:25 PT Sukoi Thank you for the correct link! [ Post Comment ] Comment #8 posted by FoM on November 29, 2004 at 08:54:11 PT MSNBC Question of The Day Should the federal govt. be able to overrule states over the use of medical marijuana? Current Results:* 7500 responses Yes -- 12% No -- 88% Please Vote: http://www.msnbc.msn.com/id/3080261/ [ Post Comment ] Comment #7 posted by Sukoi on November 29, 2004 at 08:52:57 PT In the news Wow, this is all over the news FOX News will be covering it soon on Directv channel 360. [ Post Comment ] Comment #6 posted by AOLBites on November 29, 2004 at 08:50:25 PT hmm ...paves the way for the medical use of cocaine... isn't it already schedule 2 ? we got medical use of it. [ Post Comment ] Comment #5 posted by Sukoi on November 29, 2004 at 08:49:52 PT FoM The link that you provided will not allow you to vote but this one will: http://moneycentral.msn.com/content/CNBCTV/Promos/P101639.asp? [ Post Comment ] Comment #4 posted by FoM on November 29, 2004 at 08:43:49 PT Current Results of CNBC Poll Should the federal government legalize marijuana for medical purposes?Yes -- 73%No -- 27% Total Votes: 439 [ Post Comment ] Comment #3 posted by FoM on November 29, 2004 at 08:41:19 PT CNBC Special Report and Poll Legalize Marijuana for Medical Uses? The Supreme Court today wades into a debate begun by California voters in 1996 when they approved the nation's first medical marijuana ballot. Ten states now allow people to use marijuana if their doctors prescribe it. But to the federal government, cannabis is illegal for any use.At issue at the Supreme Court are the rights of states to sidestep federal laws, the ability of Congress to regulate interstate commerce, and the needs of the nation to police illegal drugs versus the needs of the seriously ill.The government’s position is supported by the Drug Free America Foundation and other longtime combatants in the war on drugs. They see the case as a "Trojan horse tactic" by drug legalization advocates. They also say there are better medicines available. Members of Congress also submitted a supporting brief, saying medical marijuana gives traffickers "safe havens" and arguing that the plaintiffs’ case paves the way for the medical use of cocaine, heroin and methamphetamine.The two female plaintiffs, who use pot for ailments they say don’t respond to traditional treatments, are supported by pro-legalization groups and medical associations.Should the U.S. government allow marijuana to be legally used for medical purposes? Vote in our poll and e-mail your thoughts to the team. E-mail: powerlunch cnbc.comhttp://moneycentral.msn.com/content/CNBCTV/Promos/P101639.asp? [ Post Comment ] Comment #2 posted by FoM on November 29, 2004 at 08:19:34 PT Press Release from The Drug Policy Alliance My Name is Angel RaichNovember 29, 2004Dear Fellow Reformer,Greetings. My name is Angel Raich. Since you're a supporter of the Drug Policy Alliance and ending our nation's "war on drugs," you may have heard of me.In 2002, my name was launched into the spotlight when Diane Monson and I, both seriously ill medical cannabis patients -- along with my two anonymous caregivers who grow and provide medical cannabis to me free of charge -- sued Attorney General John Ashcroft and the federal government. The goal in launching Raich v. Ashcroft was to put an end to the government's cruel and illegal raids on sick people who legally use medical cannabis.Since we sued the government, the Bush administration has fought us tooth and nail, and has continued to arrest and punish people who use medical cannabis in states where it's legal -- like California, where I live.Today, more than two years after we filed our lawsuit, the U.S. Supreme Court is set to hear Raich v. Ashcroft. You can read an overview of the case here, and the Alliance's brief on my behalf here.For me and for thousands of others, this is a life or death issue. I'm very sick -- I suffer from an inoperable brain tumor, a seizure disorder, life-threatening wasting syndrome, severe chronic pain and other documented medical conditions -- but I'll be damned if I'm going to let the federal government prohibit me from improving my health with cannabis. It's legal in California -- and 11 other states. And my doctors and I are convinced that cannabis is the only medicine that is keeping me alive.As I said earlier in this letter, you may have heard of me. But that was never my aim. All I have ever wanted was to be left alone, to be healthy, to spend time with my husband and children, and to live a life free of fear of arrest or harassment.I'm grateful that the Drug Policy Alliance, along with other reform groups, has supported me and my case every step of the way, providing everything from legal advice and financial support to court filings on my behalf. In fact, for every dollar you donate to the Alliance today by clicking here, 20 percent of your donation will go directly to my nonprofit, Angel Wings Patient OutReach, Inc., to help defend medical cannabis patients and pay for my Supreme Court case.But the Alliance isn't just supporting me - it's giving hope to thousands of other medical cannabis patients. Years before my case, the Alliance was instrumental in helping pass California's Proposition 215, a law adopted overwhelmingly by voters in 1996, which gave people like me the right to use medical marijuana under state law.The Alliance also sued the federal government in the case of Conant v. Walters, which upheld the First Amendment right of doctors to talk about and recommend medical cannabis to patients free from federal government threats or interference. It's because of this case that my doctor, Frank Lucido, can feel free to talk with me openly about my medical cannabis use without risking federal persecution.Also in California, the Alliance is representing Santa Cruz, seven terminally and chronically ill patients, and the Wo/Men's Alliance for Medical Marijuana (WAMM) in a federal lawsuit that will protect seriously ill patients -- who collectively grow, share and use medical marijuana -- against federal law enforcement interference.Though the Supreme Court hears my case today, we won't know which way they've decided for at least a few months. That part is uncertain. But win or lose, I can assure you that -- with the generous help of supporters like you -- the Alliance will be working on behalf of me and thousands of other medical cannabis patients.You can learn more about me and my case at the Alliance website or at my personal website, Angel Justice.Thank you for your time and generosity.Yours,Angel http://www.drugpolicy.org/news/11_29_04angel.cfm Angel Raich Vs. John Ashcroft News [ Post Comment ] Comment #1 posted by FoM on November 29, 2004 at 07:01:02 PT Heads Up: CNN They will be talking about the case soon! [ Post Comment ] Post Comment