Raich and Medical Marijuana
Fresh from the 9th Circuit presses: A three-judge panel affirmed the denial of Angel Raich ‘s (name plaintiff in Gonzales v. Raich) motion for declaratory and injunctive relief from the enforcement of the Controlled Substance Act . Opinion here.
The court argued that although Raich’s situation did seem to satisfy all prongs of a necessity defense, the necessity defense does not provide proper grounds for injunctive relief. In a footnote, however, the court noted that Raich might be more successful obtaining relief for “pre-conviction harm” on a common-law necessity claim. The court also rejected Raich’s substantive due process claim, and declined to reach her “plain reading” argument of the statute as it was not rasied below.
Unsurprisingly, the LA Times has described the decision as “Dying Woman Loses Medical Marijuana Appeal,” and quotes a tearful Raich insisting that she would “not let them kill me.” Now, I’m all for making the law as interesting and accessible as possible, but this seems a bit much. Didn’t the editors even bother to read the opinion before posting the AP report?