Drug War Chronicle:
It's been a few days now since the ruling. What is your reaction
to the decision?
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Angel Raich leads demonstrators to the office of medical marijuana opponent and arch-drug warrior Mark Souder, 5/4/05.
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Angel Raich: It's still
sinking in. It really hit me yesterday afternoon, when I was getting
a massage because my body was really hurting. I just burst out crying.
It just seems like things are so backward in this country. And the
ruling is broader than medical marijuana -- in the broad scheme of things,
it seems like the court wants to destroy the whole idea of federalism and
shared powers with the states. But I don't really think the full
emotional impact of this has hit me yet; I've been holding back, waiting
for the other shoe to drop. But it's important for me to immediately
do something, so I'm going to Congress next week to lobby for the Hinchey-Rohrabacher
amendment. Justice Stevens said this is an issue that needs to be
heard in the halls of Congress, so now they're going to hear from me.
Chronicle: Do you see
anything positive in the decision?
Raich: Yes. It
is important for people to understand that Chief Justice Rehnquist voted
for us. He was one of the authors of the Controlled Substances Act,
and when he helped write that law, he made no room for us. Now he's
ill, and everyone knows that cannabis has medical value. This is
like a formal apology from Rehnquist for his role in writing that law.
It's as if he was saying, "I wrote that law, but now I've changed my mind."
Also, we got some very sympathetic
remarks about the usefulness of medical cannabis from Justice Stevens in
his majority opinion, and he explicitly refused to rule out the "medical
necessity" defense. I think with this ruling, the justices gave us
the ability to use the words "medical cannabis." So, even as we lost
on Monday, we are gaining ground legally. I wasn't out to knock a
huge hole in everything; I just wanted to put a crack in the wall.
And while we lost in the
Supreme Court, I think we have won in the court of public opinion.
This ruling has created outrage across the land; we're getting support
now from places where we never had it before. I don't know how many
favorable newspaper editorials have appeared this week. We have also
been flooded with supportive, outraged emails. And it's had an impact
locally, too. I met yesterday with the Alameda County sheriff, who
has not been particularly supportive of medical marijuana, and he told
me I was the real thing, so now we're working together. And Alameda
County this week did pass an ordinance allowing even more dispensaries.
And it really says something
when the highest court in the land says someone like me could die without
this medicine. Is the federal government going to try to effectively
execute me? Are they going to come after me? Those kinds of
questions help create a wave of sympathy for patients like me. I
think this decision is a black eye for the federal government, not only
on the issue of medical cannabis, but on the broader issue of federalism.
When the people of this country figure out what the Supreme Court has done
to federalism, they will not be happy. The Supreme Court has essentially
given the federal government the right to control just about anything,
even the tomatoes you grow in your own backyard.
Chronicle: Does this
mean the end of your case?
Raich: No! The
case has now been remanded back to the US 9th Circuit Court of Appeals,
and the injunction is still in place until the 9th Circuit rules.
Until that time, I'm still protected. And the 9th Circuit could still
rule that they think we have other good arguments and keep the injunction
in place. The Supreme Court specifically said that it did not address
the question of "medical necessity." There is still a possibility
of winning. I don't know what will happen, but the case is definitely
not over.
Chronicle: So, what
now for Angel Raich?
Raich: I will continue
to medicate with cannabis; I don't really have a choice. And I will
continue to fight and speak out on behalf of medical marijuana patients.
As I said earlier, I will be going to Washington to lobby around Hinchey,
and I've been talking to Montel Williams to see what we can do. This
is just one battle in a bigger war. They got us a little bit, but
we got them, too, and the battle will continue. Is the federal government
going to continue to use taxpayer money to go after the sick and dying?
Is that what taxpayers want? I also want to encourage other states
to pass medical cannabis laws, and will do what I can to help on that.
Those other states need to act to protect their citizens.
Chronicle: Do you see
any realistic chance of Hinchey passing this year?
Raich: I don't think
it will pass very easily, but it's not totally impossible. We have
some plans in the works that I can't go into yet, but I think the climate
is changing. Now is the time for people in a position of influence
-- congressmen, cops, nurses, doctors, lawyers -- to speak out. It
is definitely time for that.
Chronicle: You've become
a public figure through this case, but you also have a private life.
How is all of this affecting your family?
Raich: In April, I
was diagnosed with pre-cervical cancer. I am going to have to have
surgery and then a hysterectomy. We put off the surgery while we
were waiting for the decision, so I've been playing Russian Roulette with
my life to do this. I will continue to do so, but it is very rough
on our kids. My 16-year-old daughter has literally been crying herself
to sleep every night since the ruling, and it just breaks my heart.
The federal government is doing that to my daughter. I have another
child, a son who left this week for the Army. I need to be there
for my kids, but I'm busy with all this. I'm juggling too many balls.
I don't want to lose my life, and my children don't want to lose their
mom, but they understand what I have to do. When I told them I needed
to go to Congress, my son just looked me straight in the eye and said,
"Well, go then, Mom." I will go, of course, but we need more people,
people who are not patients, to step up to the plate. It is difficult
when you are sick. My health has already been affected by all this. |