A federal appeals court in California ruled on Wednesday that even a woman whose doctor says marijuana is the only thing keeping her alive should not be exempted from prosecution on drug charges ("Court: Dying can be charged for using marijuana"). The woman, Angel Raich of Oakland, has a brain tumor, chronic nausea, and scoliosis, to name just a few of her disorders. Since conventional drugs have not been shown to work in this case, her doctor has prescribed her to smoke pot several times daily to create an appetite and ease her pain. According to Raich’s doctor, marijuana is the only thing keeping her alive. The federal government can still prosecute users of medical marijuana, even when the patients’ state governments allow its use.
Should the federal government ease off on dying patients who use marijuana? Would you support the use of medical marijuana on a general basis? Do you see this as a patients' rights issue, a states' rights issue, or merely a matter of uniformity in the application of drug laws?


Comments: 41
I have reservations about the doctor's prognosis that pot is the only thing "keeping her alive," however. I'd get a second opinion.
There are many medications I can't take because of side effects(if I take morphine, I can't sleep because I experience night terrors). The woman is dying, its not like she's gonna live long enough to become a drug dealer or ruin her life. The federal gov't(read: neo-cons& liquor or pharma lobby) didn't like the states thumbing their noses at the federal law stating that marijuana could not be used in medical situations and this woman is the test case.
If this woman is terminal (Hospice Medicare guidelines could be used to decide) there is no reason why she should be prosecuted. It would be cruel to her, and a waste of court time and money. Use of marijuana for the terminally ill is an issue that should be legislated by the state, not federal government.
People die of alcohol poisoning all the time but when have you heard of anyone dying of a pot overdose?
That being said, I agree that the main things driving the continued illegality of pot are 1. The fact that it can be grown almost anywhere (it is, after all, a weed); and 2. the resulting inability of the drug companies to make enormous profits from it.
Any policy that requires citizens to continue living in pain is inhuman. Millions of "enforcement" dollars have been wasted, with the only results being a lessening of the quality and raising of the cost of the pot we continue to smoke anyway.
"one has to wonder why Ms. Raich, who evidently is terminal, seeks to make a legal case". I have an answer. Maybe Ms Raich doesn't want to spend her remaining days as a criminal, wondering when our brave DEA agents will burst in on her.
It really makes me wonder what kind of lives these people live who have nothing better to do then go after people who know their numbers are almost up. I'm thinking maybe I want to move to that area. If that's their idea of high crime.. I wouldn't have to worry about rapists and killers.
I honestly don't believe that marijuana is "the only thing keeping her alive". It may have greatly improved her quality of life, yes, but the only thing keeping her alive? I seriously doubt it.
Should a doctor be able to, without fear of retribution, prescribe anything s/he feels is appropriate for their patients? Yes, they should. Realistically, though, none of them can. Either they are changing their recommendations because of insurance issues or they are changing them because they fear that the DEA will come storming into their offices and drag them out in cuffs for actually prescribing amounts of meds that their patients honestly need to live a life with any quality. It happens every day, and it doesn't even usually have anything to do with illegal drugs.
Pain relief is given only very grudgingly in this country, and it comes at a huge price. You'll never see any pain meds on WalMart's $4 list. They are not provided on any patient assistance program. Even the ones that have been generic for ever are extremely high priced, and the pricing tiers are absurd. Did you know that 240 5 mgm. Percocet are about $60, but 120 10 mgm. Percocet are $160??? You're getting half as many tablets, and half as much tylenol, and paying triple....all because you don't want your liver or kidneys to shut down from all the acetaminophen. It probably costs the drug companies about $3 to produce either quantity, too, because there have been generics for all the ingredients for many, many years.
Further, no one but a pain clinic will prescribe a quantity anything close to that even once, much less on an ongoing basis, and their clients must go in once a month just to pick up their prescriptions and of course pay for an office visit each time. Pain control is not for the poor, folks.
Off the top of my head, I can think of NO unprocessed drug that should be banned. You should be able to chew coca leaves, whatever. It is sad to say that our country is pretty much under the control of Oil, Phamacy, and the military complex. Until those lobbiests are barred from congressional halls, the rich will keep sticking it to the middle class.
As a side note: I have never heard of anyone dying from POT, but I have heard of tens of thousands of people dying from pharmacutical concoctions.
The feds put their egos and need for control above someone else's pain relief.
Funny that the fed gov leaves to states what they like--full funding of fed programs, etc--but when it comes to a compassionate state law they stick their snout right in where it doesn't belong.
Since so many people speculated on why medical marijuana helped Angel Raich I thought I would include some exerpts about her from Jon Carroll's Mon Mar 19 column in the SF Examiner about her story:
and about why her case is being tried:
Read the entire piece here.
Does our country really have the money to continue fighting a losing "war" on its own citizens? As Jon Carroll goes on to say:
Donna, Dee and Carol pointed out the costs and reasons for disabled to get pain relief outside the mainstream. Judy, Wendy, Sallie, Timothy, Travis and many others say the same as I would: she is dying. Let her have some moments of peace.
Frankly, the time has come to legalize all drugs .... then regulate and tax the heck out of them like we do tobacco and alcohol to pay for the recovery programs and hold the production and distribution people to standards and individual and corporate taxes.
Ooops, sorry I got off topic.
It's interesting how political conservatives say they are for "States rights" and want less government in our lives, yet what they actually do is the exact opposite: they inact all sorts of manipulative legistation to control our personal behavior. Why should our sick and dying be forced to take stronger meds - like vicodin and methadone - when medical marijuana can help them do without those harmful drugs? Woops, I forgot... big pharmaceutical companies that donate big bucks to the repubs so they will do their bidding. Silly me.
If we legalized marijuana as a controlled medication then it could be taxed and the proceeds from the tax could go to pay for a national health care plan so all Americans could benefit from a basic health insurance plan.
Legalizing medical marijuana would bring a halt to the hundreds of wo/men hours spent trying to bust people growing it in their homes, or gardens, bringing it in over our borders, etc. Then our jails would empty out and we could start focusing on our real problems instead of this ridiculous manufactured one.
There are so many people in our prisons who got there because they were smoking cannabis that's it's unbelieveable!
And just think what we could do by developing a new industry for our country. Hemp could be used in place of trees for paper for newspapers and magazines, for clothing, for bio-fuel. The list is endless.
This policy has made criminals out of the sick and dying and it's reprehensible. It's time for it to end. Let's hope our next leaders have some sense in their heads for a change.
As for the comment about pot being the only thing keeping her alive, it may well be that the only way she can tolerate food is if she smokes pot; in which case it truly is keeping her alive!
When's the last time a pot smoker... started a brawl, was stopped for speeding, caused a traffic fatality... the stats are out there some where but in my experience it's usually alcohol that's more likely to be involved in the above situations... and alcohol is legal!
Marijuana is far less toxic than either nicotine or ethanol.
The only reason the Federal Marijuana Tax Act of 1937 was passed was to put hemp farmers out of business.
This was done conspiratorially by Weyerhauser, W.R. Hearst and E.A. Dupont.
Up until that time, nearly ALL paper was made from hemp. (Both the frigging Constitution and Declaration of Independence are written on hemp paper.
Dupont had just discovered a way to bleach wood pulp to make lighter colored paper than was previously possible.
Weyerhauser owned LOTS of forests. Hearst needed cheap paper for his tabloids.
Additional trivia: The Dupont process for bleaching wood pulp helped to create one of the most persistent and toxic substances currently polluting our environment : Dioxins.
Rudolph Diesel intended for his newly invented engine to run on hemp oil.
Hemp is one of the easiest and cheapest ways that we can dig ourselves out of the "hole" of Global Warming.
It should be legalized and grown in abundance.
Yes.
Yes; not really; yes.