Angel Raich Denied Medical Marijuana by 9th Circuit

3/18/07
USA: Federal court denies fundamental right to use cannabis for medical purposes

A California woman with an inoperable brain tumour may not use cannabis to ease her pain even though a Californian law permits it, a federal appeals court ruled on 14 March. The Federal Court of Appeals for the 9th Circuit found there is no fundamental right to use cannabis for medical purposes. The ruling agreed with a 2005 Supreme Court decision.

The judges expressed sympathy for some arguments by plaintiff Angel Raich. The court's decision said use of the drug for medical purposes was gaining support but federal law still banned it. "We agree with Raich that medical and conventional wisdom that recognises the use of marijuana for medical purposes is gaining traction in the law as well," the decision said.

"For now, federal law is blind to the wisdom of a future day when the right to use medical marijuana to alleviate excruciating pain may be deemed fundamental."




(Source: Reuters of 14 March 2007)
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