DRCNet Interview: Supreme Court Plaintiff Angel McLary Raich 6/10/05

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Along with Diane Monson, 38-year-old Oakland resident Angel Raich was a plaintiff in the Supreme Court medical marijuana case decided Monday. The mother of two children and wife of attorney Robert Raich, who was part of the team arguing the case, Raich suffers from a staggering variety of illnesses and conditions, including an inoperable brain tumor, that she treats with medical marijuana. In 2002, as the DEA swept down on California medical marijuana patients and providers, Raich and Monson joined forces in a lawsuit seeking relief from federal harassment. They won in the US 9th Circuit Court of Appeals in 2003 when that court issued an injunction barring the federal government from persecuting patients and providers in medical marijuana states. Now, with Monday's Supreme Court decision in favor of the federal government, the status quo ante has been restored. Drug War Chronicle spoke with Raich Thursday to see how she is responding to the decision and what comes next.

Drug War Chronicle: It's been a few days now since the ruling. What is your reaction to the decision?

Angel Raich leads demonstrators to the office of medical
marijuana opponent and arch-drug warrior Mark Souder, 5/4/05.
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.

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Issue #390 -- 6/10/05

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Editorial: Learn to See Hope | Feature: Raich Case Ruling -- Feds Can Enforce Marijuana Laws Against Patients, but State Laws Remain in Effect | DRCNet Interview: Supreme Court Plaintiff Angel McLary Raich | Feature: In the Wake of Raich -- Officials in Three Medical Marijuana States Overreact | Feature: Raich Ramifications -- The Good, the Bad, and the Ugly | Medical Marijuana: One Day After Raich, Rhode Island Senate Passes Medical Marijuana Bill | Weekly: This Week's Corrupt Cops Stories | Marijuana: Retailers Say Legalize It in Online Poll | Europe: Dutch Medical Marijuana Program Ailing in Face of Widespread Availability for All | Canada: Vancouver Tells Ottawa to Legalize It | Asia: Indonesian Protestors Call for Corby's Execution While Australians Call for Bali Boycott | Asia: In Major Shift, China to Promote Needle Exchange | Media Scan: Pain Man, Connecticut Cocaine Sentencing, Uncontrolled Substances | Weekly: This Week in History | Weekly: The Reformer's Calendar


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