Pubdate: Wed, 23 Nov 2005
Source: San Jose Mercury News (CA)
Copyright: 2005 San Jose Mercury News
Contact:  http://www.mercurynews.com/
Details: http://www.mapinc.org/media/390
Author: Associated Press
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)
Bookmark: http://www.mapinc.org/find?232 (Chronic Pain)

Medical marijuana activists revive legal challenge

SAN FRANCISCO - A 40-year-old Oakland woman who lost her medical 
marijuana case before the U.S. Supreme Court in June asked a lower 
federal court Wednesday to revive her request to be able to use 
marijuana without threat or fear of prosecution.

Angel Raich, 40, smokes marijuana every few hours to ease pain from a 
host of ailments that includes scoliosis, a brain tumor and chronic nausea.

Two years ago, she sued the government, arguing that federal drug 
laws making marijuana illegal did not apply in California and nine 
other states that have adopted medical marijuana laws. The Supreme 
Court, ruling 6-3, concluded that state laws don't make medical 
marijuana patients immune from the federal ban on the drug.

In a renewed bid to be able to smoke pot without facing possible 
arrest, Raich's lawyers asked the 9th U.S. Circuit Court of Appeals 
on Wednesday to side with her but advanced a legal theory different 
from the one used in the earlier case.

The renewed challenge argues that Raich has the constitutionally 
guaranteed right to use marijuana because it is the only medication 
that allows her to avoid intolerable pain and death. She claims that 
her personal liberty outweighs federal laws outlawing marijuana.

Her doctor has told the Supreme Court that marijuana was the only 
drug available keeping Raich alive.

No hearing has been set.

The case is Raich v. Gonzales, 03-1454.
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MAP posted-by: Beth Wehrman