CA Appeals Court Rules Dying Woman Can be Prosecuted under Federal Statute for Using Marijuana -- States' Rights Disregarded

Once more, the unconstitutional federal drug prohibitions have been upheld by judges who seem more interested in serving political agendas than in serving justice or the US Constitution.

In a continuation of a case that went to the Supreme Court two years ago, a 41 year old woman suffering from a tumor and scoliosis tried to bring a new defense to the table. She was rebuffed again. Here is the article from the AP:
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Calif. appeals court rules against dying woman in medical marijuana case
By Associated Press.
Wednesday, March 14, 2007 - Updated: 05:10 PM EST

SAN FRANCISCO -- A California woman whose doctor says marijuana is the only medicine keeping her alive can face federal prosecution on drug charges, a U.S. 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.
Raich, 41, sobbed when she was told of the decision and said she would continue using the drug.
”I’m sure not going to let them kill me,” she said. ”Oh my God.”
Although the three-judge appeals panel refused Raich’s request to block enforcement of the 1970 Controlled Substances Act, it left open the possibility that if she were arrested and prosecuted, she might be able to argue that she possessed marijuana as a last resort to stay alive, in what is known as a ”medical necessity defense.”
”I have to get myself busted in order to try to save my life,” Raich said.
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First of all, the federal laws prohibiting the sale or possession of any drug, be it marijuana, cocaine, heroin, XTC, or anything else, are patent infringements on the original intent of the interstate commerce clause of the US Constitution. All one need do is read the writings of James Madison, considered to be the "father of the Constitution", to see that our contemporary view of the all-powerful hand of the feds is fallacious.

Second, all REGULATIONS on drugs, and other products going over state borders, are unconstitutional for the same reason.

The fact that this woman is dying makes the story even more troubling, but without her terrible plight, the breach of principle is, itself bad enough to warrant removal from office for all federal politicians who support these drug laws.

Third, we recommend you visit the website of LEAP, Law Enforcement Against Prohibition. Offer your help if you can spare it. This kind of thing is ideologically fraudulent, constitutionally illegitimate and practically unworkable. The drug war is not winnable, and LEAP has the stats to show what a waste it has been. Here is their link:http://leap.cc/