Court: Dying can be charged for using marijuana

[youngdem]

SAN FRANCISCO, California (AP) -- A California woman whose doctor says marijuana is the only medicine keeping her alive is not immune from federal prosecution on drug charges, a federal appeals court ruled Wednesday.

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.

snip

"I'm sure not going to let them kill me," she said. "Oh my God."

(mods, please tolerate the quote beyond four paragraphs)

Edited to include link:
http://www.cnn.com/2007/LAW/03/14/med.marijuana.ap/

We live in a messed up country when we are willing to do this to each other for no reason at all.

[Joanne98]

1. THAT IS HORRIBLE!

What in the Hell is the matter with the 9th circut?:banghead:

[CrispyQ]

2. Why is this country so terrified of marijuana?

:shrug:

There is fear over weed like few other drugs out there. I don't get it.

[Mnemosyne]

6. Grass (2000) will give you a very good idea why.

A historical documentary of marijuana prohibition in the U.S. narrated by Woody Harrelson. Includes scenes from 1950's anti-drug propaganda films and 1960's pot demonstrations.

Good film, but it will piss you off.

What they are doing to Angel Raich is a crime against humanity, imho. Beyond reprehensible. :nuke:

[olddad56]

9. the country isn't, the government is. And they should be.....

Pot is a catalyst for positive social change. Pot was at the heart of the 'grass'root movement to stop the war in Vietnam. By the people getting high at home, on campuses, at concerts,and talking about the war. And by the G.I's getting high and wondering why they were killing people. When people get high, they can see right through the governments bullshit. Big problem for a group like Bushco.

[slackmaster]

29. Let's get a little more specific and put the blame where it belongs

CONGRESS.

[Zhade]

43. HEAR, HEAR!

Bunch of cowards ruining people's lives.

[slackmaster]

28. It started as racism back in the 1930s

Mexican immigrant workers and black jazz musicians were using it.

[dansolo]

48. Follow the money

As the saying goes, follow the money. The biggest backers of the anti-marijuana (actually anti-hemp) were DuPont, who wanted his synthetic fibers to take over the market for hemp, and Herst, who wanted to eliminate hemp paper so he could promote his own paper mills.

[paparush]

35. The VERY rich tobacco and alcohol lobbies make sure that

We the Sheeple stay afraid, very afraid, of the weed.

[Zhade]

42. Propaganda about it being "harmful".

So tired of the fucking LIES!

[gaspee]

3. Unbelieveable (N/T)

[lovuian]

4. This is just a stupid law

Not all laws are good ones

[WePurrsevere]

5. youngdem please edit your post to include a link to the story.

Thank you! :)

[olddad56]

7. In this case, you get busted, you get the death penalty.

[phusion]

8. What bullshit this is...

I am so mad at this country's inhumane drug laws.

New Mexico is just about to pass a medical marijuana law but it won't make a damn bit of difference if the feds don't stop their Nazi ways.

[youngdem]

10. Sorry...Link HERE.

http://www.cnn.com/2007/LAW/03/14/med.marijuana.ap/index.html

[Shallah Kali]

11. This is just plain evil. Docs can prescribe everything from opiates to amphetamines but not this?

They can give kids antidepressants that raise the suicide rate. They can prescribe methodone, oxycontin, and other heavy duty addicitve painkillers and that is fine and dandy. But let the dying do something that will give them an appetite, maybe make them stop feeling like they were going to upchuck their own insides - forget it!

I have never used it myself but I do want it legal for those who it might make their lives less of a living hell.

[scavenger]

12. Face it folks

This is no different then the 101 year old women being punched in the face over 30 dollars that was captured on video and shown on the news. Do you all not think a cop wouldn't punch this women in the face if she resisted arrest over the pot that she needs to even be able to standup? In my city they would shoot or tazer her to death.

Face it folks, you and I are no better then the thug that punched that 101 year old women in the face because the fact is we support the thugs we have in our justice system, one way or the other.

[Bridget Burke]

21. No, I doubt a policeman (or woman) would punch this woman in the face.

When I was busted many years ago, the officer said he thought the anti-pot laws were stupid. But it was his job to enforce the law. (I got off, by the way.)

Laws against some drugs need to be abolished. For other drugs, access should be heavily controlled; make it a medical matter.

But, although bad cops can do a lot of damage--I don't call them "pigs." (Yes, I go 'way back.)

[scavenger]

39. Read my post again

I said if she resisted arrest.

I believe she has a moral right to use deadly force against anyone that try's to prevent her from using any substance that stops her suffering, including cops.

When you were busted years ago you most likely did as you were told and didn't say anything out of line, in which kept you from getting your butt kicked.

I don't call cops pigs either, why insult a pig? There are no good cops when they are "all" part of a corrupted and unmoral justice system.

[WindRavenX]

13. America, fuck yeah!

:puke:

[Fovea]

14. Necessity

What SCOTUS says in regard to marijuana and medical necessity is exactly as follows...

If you see a child drowning in a pool with a sign above it marked 'no trespassing,' you are required by law to let the child die.

Why? Because the court our brave Dem Senators were unwilling to filibuster overturned a legal concept that predates the magna charta in order to throw desperately sick people under the bus for the social conservatives--
the KarlRove/FredPhelps/RushLimbaugh conservatives.

This is the same SCOTUS who said Bush V. Gore should not carry precedent.

Have you had enough yet?

[Bake]

22. Actually, you don't have to let the child drown ...

Unless you are the child's parent, you are under no obligation to rescue, but if you choose to do so, there is the common law doctrine of necessity that would kick in: it was necessary (and hence not tortious) to trespass in order to save the child.

Torts 101.

Bake

[Fovea]

44. Unless you had to save a life with a joint

and now necessity is not a defense.

[Bake]

47. Trespassing is a common-law tort

For which the common-law defense of necessity applies. Possession/use of pot is not, so your analogy breaks down.

For the record, I agree with you 10000000% on the issue here.

Bake

[Fovea]

49. It is my understanding that necessity

applies in criminal cases as well as torts. In this case, the extremity of the harm to the individual certainly must trump the harm to society from letting them consume the drug.

What is infuriating is that this clear principle is being stood on its head for the most vile reasons imaginable-- wedge issue politics.

You are correct about my mis use of of a tort in analogy. I should have used stealing insulin, or some such.

This is tangential, of course, as you say, we agree 1000% on the core issue.

[NeoConsSuck]

15. Yet another reason

why I wish I was not born in the 'greatest country in the world'

[liberal renegade]

16. Reefer Madness...

still going strong after all these years.. The people against it are the so called believers in intelligent design....

Plant the seed for those in need!

[OhioChick]

17. This is terrible. n/t

[Citizen Kang]

18. And we live in a "free country"?

What a heartless, fascist government we live under...

[noel adamson]

27. "No Constitutional Right" (???) (link to judgement incl)

They ruled that "there is no fundamental constitutional right to use
marijuana for relief of pain and suffering." in the Constitution. However the Declaration of Independence states that we have certain "inalienable rights" including the rights to "life, liberty and the pursuit of happiness" all of which were denied to Ms. Raich. "Inalienable" sounds to me like it goes without saying and it is certain that the constitution was written in it's entirety as an elaboration of these principles calculated to insure that we never lose them. To use the Constitution to revoke them is just like invading other people's countries, killing over 600,000 people and destroying their civilization in the name of Jesus, or establishing a totalitarian state in the name of democracy. Oh, right.
PDF of the 9th circuit court of appeals opinion

[slackmaster]

30. There most certainly is a right to use marijuana

It's been INFRINGED.

[noel adamson]

34. Stomped on...

...seems more accurate than infringed upon.

[indepat]

19. May all who block medical use of marijuana burn in eternal hell a few times over

[slackmaster]

31. Once again, let's recognize who is responsible for the state of the laws

CONGRESS.

[indepat]

36. All in the Congress who would/does block are included in my blanket indictment

[Swede]

20. Big pharmaceutical companies just don't like pot.

I'm sure we all know why.

[Bake]

23. If Big Pharma had a monopoly to sell it, pot would be legal as hell!

But since you can grow it yourself, it must be EEEEEEEEE-VIL!!!

Bake

[InkAddict]

24. Compare and contrast

http://www.washingtonpost.com/wp-dyn/content/article/2007/03/15/AR2007031500224.html

Prosecutors said Dunn's health _ she's been undergoing treatment for advanced ovarian cancer _ played a role in the decision to drop the charges against her.

"Based on her level of involvement in the pretexting scheme, and her health condition, (Attorney General Jerry Brown) believed dismissal of her case was appropriate," said Brown's spokesman, Nathan Barankin.
:wtf:

[progressoid]

25. This country is so fucked up.

[slackmaster]

32. No, just CONGRESS is fucked up

The Judiciary does what it has to do.

The law needs to be changed, and only CONGRESS can do that.

[Coventina]

26. A dying friend of mine has been threatened with contempt of court

for not being able to make it to jury duty.

:eyes:

on edit: I know it's off topic, I was just presenting it as evidence that this country has no respect at all for the chronically/terminally ill.

[anotherdrew]

33. well these assholes better be prepared to lock up the corpse then

what the fuck is wrong with this prosecutor? Drop the damn case. Fire THIS evil son-of-a-bitch "prosecutor"

[jzodda]

37. Terrible

Its when I read something like this that I remind myself how un-free we really are as a nation. Freedom is a true illusion in this country but we are reminded so much how "free" we all are that many people just accept without questioning.

So its ok to give this women drugs like Morphine which is 10x more potent then pot and would take away her desire to eat, thus hastening her demise but its illegal to give her a pain relief that keeps her desire to eat and live?

Its disgusting and makes me ashamed of my country

[MasonJar]

38. That is so sick! The Puritanical turn by many in this country is really

beginning to become immoral.

[sakabatou]

40. What... the... f-?!

[Zhade]

41. Such unconstitutional BULLSHIT.

NT!

[Dulcinea]

45. WTF?

Prosecute dying people for smoking pot? There's a great use of taxpayer money! :sarcasm:

[dkofos]

46. The justice dept will go after individuals for their use of marijuana

but will not prosecute smugglers if they are caught with less than 500lbs.

That's what I call JUSTICE!!