DYING WOMAN LOSES CASE FOR MEDICAL MARIJUANA

SAN FRANCISCO -- A California woman whose doctor says marijuana is
the only medicine keeping her alive can face federal prosecution on
drug charges, a federal appeals court ruled Wednesday.

The ruling was the latest legal defeat for Angel Raich, an Oakland
mother of two who suffers from scoliosis, a brain tumor, chronic
nausea and other ailments who sued the federal government
pre-emptively to avoid being arrested for using the drug.

On her doctor's advice, Raich eats or smokes marijuana every couple
of hours to ease her pain and bolster a non-existent appetite as
conventional drugs did not work.

The latest legal wrangling highlighted the conflict between the
federal government, which declares marijuana an illegal controlled
substance with no medical value, and the 11 states that allow medical
marijuana for patients with a doctor's recommendation.

The Supreme Court ruled against Raich two years ago, saying medical
marijuana users and their suppliers could be prosecuted for breaching
federal laws even if they lived in a state such as California where
medical pot is legal.

Because of that ruling, the issue before the 9th U.S. Circuit Court
of Appeals was narrowed to the "right to life" theory: that marijuana
should be allowed if it is the only viable option to keep a patient alive.

Raich, 41, said she would continue to use the drug. "I'm sure not
going to let them kill me," she said.