This one falls under the dual headings of “WTF?!” and “Dude, Where’s My Country?”
You’ll have to just go and read about this one, but I’ll provide a quote:
An Oakland woman whose doctor says [tag]marijuana[/tag] is the only medicine keeping her alive is not immune from federal prosecution on drug charges, a federal appeals court ruled Wednesday.The ruling was the latest legal defeat for [tag]Angel Raich[/tag], a mother of two suffering from scoliosis, a brain tumor, chronic nausea and other ailments who sued the federal government pre-emptively to avoid being arrested for using the drug. On her doctor’s advice, Raich eats or smokes marijuana every couple of hours to ease her pain and bolster a nonexistent appetite as conventional drugs did not work.
… Frank Lucido, one of Raich’s physicians, said in an interview late Wednesday that “without it, she would more than likely die.”
This just leaves me initially speechless. Her doctors say she is going to die. Um, judges? Life, liberty, pursuit of happiness … inalienable rights … ring a bell?
The three-judge appeals panel said that the United States has not yet reached the point where “the right to use [tag]medical marijuana[/tag] is ‘fundamental’ and ‘implicit in the concept of ordered liberty.'”
Not even if she’s going to die? If not, now, when?
What was the argument here, I wonder – that she can be fed through a stomach tube, just so long as she doesn’t succumb to reefer madness? I’m not familiar with all of the facts of the case; just what I’ve read in the media. I’m no legal expert to be sure. But her doctors are already on record as saying without it, she’ll die; why does she have to wait until she’s arrested and prosecuted to invoke the “medical necessity defense?” Just when I think things can’t get any more fucking crazy here, they do. Are things like this in New Zealand? … I’m going to go listen to Type O- now, and tinker with Photoshop … *sigh.*