Dying Woman Loses Marijuana Appeal

Angel Raich , a mother of two who suffers from scoliosis, a brain tumor, chronic nausea and other ailments is fighting for her life. A federal appeals court has said, too bad. Raich, like others across the country for whom conventional drugs don't work, uses marijuana.

On her doctor's advice, [Raich] eats or smokes marijuana every couple of hours to ease her pain and bolster a nonexistent appetite.

"It's not something I want to do. It's something I have to do to survive," Raich said.

A federal appeals court ruled today that Raich is not immune from federal prosecution on drug charges.

The Supreme Court ruled against Raich two years ago, saying that medical marijuana users and their suppliers could be prosecuted for breaching federal drug 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 so-called right to life theory: that marijuana should be allowed if it is the only viable option to keep a patient alive.

What makes this so insane is that marijuana is no more, or less, harmful than taking a drink of alcohol -- yet for Raich taking a drink would be legal, but using marijuana is not.

It's time to change the law -- and not just for the terminally ill.

With all that is known about it, there is no credible reason for marijuana to be illegal. And don't presume I'm making this argument because I use the drug, I don't. I just see no valid reason for it to be against the law.

Marijuana use has proven to be effective in the treatment of a number of medical conditions, which is why 11 states allow medical marijuana for patients with a doctor's recommendation.

Raich , 41, began sobbing when she was told of the decision and said she would continue using the drug.

"I'm sure not going to let them kill me," she said. "Oh my God."

No one should ever have to decide between breaking the law, and saving their life.