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NE Journal of Medicine: Medical Marijuana and the Supreme Court

It is surprising that the Supreme Court decision does not necessarily spell the end even of Angel Raich's legal case. Raich and another California patient, Diane Monson, who initially sued to prevent the Justice Department from prosecuting them or their suppliers, won a favorable ruling in 2003 from California's Court of Appeals for the Ninth Circuit. The Supreme Court's reversal now sends their case back to that court. Raich said that she, Monson, and their attorneys will ask the appeals court judges to consider other legal arguments, such as whether prosecuting patients who use marijuana to relieve pain violates their right to due process of law. "Previous decisions have established that there is a fundamental right to preserve one's life and avoid needless pain and suffering," explained Boston University's Randy Barnett, a constitutional lawyer who argued the women's case before the Supreme Court. "Federal restriction on accessibility to medical cannabis is an infringement" on that right, he said

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