Pubdate: Tue, 07 Jun 2005
Source: New York Daily News (NY)
Copyright: 2005 Daily News, L.P.
Contact:  http://www.nydailynews.com/
Details: http://www.mapinc.org/media/295
Cited: Gonzales v. Raich http://www.angeljustice.org
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)
Bookmark: http://www.mapinc.org/topics/Raich (Angel Raich)

HIGH COURT REJECTS POT AS MEDICINE

The federal government can bust sick people who smoke pot on doctor's
orders, a divided Supreme Court decided yesterday.

The 6-3 ruling was a setback for efforts to let patients legally use
marijuana to alleviate the effects of chemotherapy, chronic pain, AIDS
and other ailments.

Two sick California women, who brought the case against the federal
government after having their pot seized in 2002, said they'd keep
smoking it.

"I'm just going to keep doing what I'm doing," said Angel Raich, 39,
of Oakland, who smokes marijuana to cope with seizures, a brain tumor,
nausea and pain. "I don't really have a choice but to, because if I
stop using cannabis, I would die."

California and nine other states allow patients to grow and smoke pot
with a doctor's recommendation. Yesterday's ruling means patients in
those states can now be arrested by federal authorities.

Justice Department spokesman John Nowacki wouldn't say whether
authorities plan to arrest sick pot smokers. But a department source
said officials have no plans to change the current policy of targeting
only medical marijuana distribution networks.

State Sen. Vincent Leibell of Putnam County, the sponsor of a measure
to bring medical marijuana to New York, said the ruling would sink his
bill. A spokesman for Majority Leader Joe Bruno agreed.

"To enact it, it would seem to me, would put New York residents in
harm's way," Leibell (R-Patterson) said. "We'd in effect be
sanctioning breaking federal law, which we can't do and won't do."

Leibell said he can't understand why it's controversial to help
alleviate pain and suffering. "This is no slippery slope," he said.
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MAP posted-by: Richard Lake