Raich Continues to Challenge Federal Medical Marijuana Prohibition on Constitutional Grounds

Angel Raich, of Gonzales v. Raich fame, is taking her case back to court despite the recent U.S. Supreme Court decision that growing weed in one’s backyard somehow involves interstate commerce.

This time, she is using a new constitutional angle of attack. From CBS 5:

Angel Raich contends in a brief filed with the 9th U.S. Circuit Court of Appeals that she has a fundamental liberty right to take “the only medication that enables her to avoid intolerable pain and death.”

The brief argues that barring her from using marijuana would violate her “fundamental right to life” under the Fifth Amendment due process guarantee of the Constitution.

Her hubby adds:

Robert Raich, who is Angel Raich’s husband and attorney, said, “This case implicates perhaps the most fundamental right of all, the right to preserve one’s life.”

As always, everyone at HoT admires Angel for her courage, wishes her success in her legal endeavors, and perhaps even more importantly, hopes that she survives the ordeal. Others haven’t always been so lucky.

Stephen Gordon

I like tasteful cigars, private property, American whiskey, fast cars, hot women, pre-bailout Jeeps, fine dining, worthwhile literature, low taxes, original music, personal privacy and self-defense rights -- but not necessarily in this order.

  1. My name is michael Adam Assenberg,

    As stated in the news story I have only two corrections.

    1. I was hit in the middle of my back with a baseball bat then pushed backwards off the train bridge.

    2. The State of Washington under I-692 allows my growing of Marijuana for up to a two month supply with my doctor’s note. It does not supply the Medical Marijuana.

    The rest of the story is correct and Yes I am suing Anacortes Housing now in Federal Court and I am using the 5th. My idea is the same as one this woman Angel Raich is using in her court battle.

    I wish her all the best. I am going after Housing for 5 Million for violating my rights under the 5th.

  2. Michael

    I certainly hope you win you lawsuit. I know a friend of a friend that has two tigers and an anaconda in a public housing complex down in the south and the government wants to evict he and his live in adopted homeless 13 year old girlfriend too. The poor guy is suffering from anexoria and receives comfort from keeping exotic animals.

    He has been growing and selling a little marijuana to keep his mind off his problems. His cousin’s girlfriend’s son suffers from bulemia and visiting and playing with the snake and tigers puts him at ease.

    I cannot understand why the government beauraracy would want to take away your pets or interfere with your use of drugs to alleviate pain and suffering.

    I have found drinking huge quantities of alcoholic beverages helps me with emotional pain I suffered due to my mother’s propensity for forcing me and my brothers to study long hours so we would be successful.

    I am so successful now that I am totally stressed trying to count all my money in the evenings I make distributing illegal drugs from the back of my brand new Cadillac SUV.

    I am going to use your example of filing frivilous lawsuits and file one of my own against someone or some agency. Right now I am seeking a good attorney. Maybe you could assist me in my search by giving me the name of yours and give me advice on whom to sue.

  3. In responce to Anorexic Jay,

    You think it’s a frivilous lawsuit then why do I have 4 stab wound scars in my chest from where I used a steak knife right into my heart four times and YES I put the blade in all the way in to where it could go no deaper.

    And yes I did die on the table while they were working on me and they broght me back. It was NOT my choice to be back. So next time you think it’s a frivilous lawsuit you should not just assume something because I will teach you something you should have learned a long time ago.

    When you assume something it makes an ass out of u and me look at the break down and learn something ass/u/me. Are we learning anything yet?

  4. You know I am sorry anorexic I did not think you might me mentally challanged so I will explain why I use Medical Marijuana AND a Snake as a ” Service Animal ” First off as for the use of Marijuana.

    I was a Security Guard in 1985 ” 20 ” years ago and at that time I was hit in the middle of my back with a baseball bat then pushed off a train bridge where I landed upon boulders and broke nine bones in my spine.

    I used my elbows and hands to crawl 2.5 miles to reach the nearest Guard shack where I was talking to 911 and woke up in the Hospital. Since that time everything that can be done has been done for me and every drug known that the ” STATE WILL COVER UNDER MY MEDICAL COUPONS ” will ” COVER ” as it is I am on 500Mg of Morphine per day as well as 60 Mg of Endocet and it’s not enough to stop the pain from making me pass out.

    Last year my Mother passed away and after my Dad died many years ago I swore to take care of my Mother. Now with that done I had no need to live on and pass out all the time from the pain.

    With the Medical Marijuana it helps with the other Meds and I don’t pass out. Without the Medical Marijuana I pass out at least three times a week from pain.

    Now as for the Snakes. My body toss’s off a LOT of HEAT and this cause’s PAIN SPASMS I used to have to take Flexeral on top of everything else but the Snakes are COLD BLOODED ” Service Animals ” that draw the heat off my body thus allowing me to stop using flexeral and saving my liver and Kidneys from having to process that Drug as well And if you don’t Approve of Marijuana as Medicine YOU tell me this DO YOUR RESEARCH and tell me how many people have died from MORPHINE or ENDOCET then tell me how many people have died because of Marijuana.

    Any more stuped remarks let me know