Right to Left: Robert Raich, Angel McClary Raich, Randy Barnett, Diane Monson, and David Michael at the Ninth Circuit Court of Appeals in San Francisco, California.   GO TO OUR NEW WEBSITE AT http://angeljustice.org or http://angeljustice.com THIS SITE IN NO LONGER BEING UPDATED!  SOON IT WILL ROLL INTO THE ANGEL WINGS PATIENT OUTREACH, INC. NEW SITE.   NEWS ALERT: Plaintiffs win rehearing and rehearing en banc in Federal Appeals Court!  John Ashcroft's petition for rehearing and for rehearing en banc is DENIED.  See:  Ninth Circuit Court of Appeals Opinion and Press Release. NEWS ALERT: Plaintiffs win ruling in Federal Appeals Court!  On December 16, 2003, the Ninth Circuit Court of Appeals issued an opinion reversing and remanding the case Raich v. Ashcroft to the district court with instructions to enter a preliminary injunction, as sought by the patients and caregivers.  The Court found that “the appellants have demonstrated a strong likelihood of success on their claim that, as applied to them, the CSA [Controlled Substances Act of 1970] is an unconstitutional exercise of Congress’ Commerce Clause authority.”  See: Ninth Circuit Court of Appeals Opinion and Press Release  See: Triumph Over Fear Victory Party and Award Ceremony   Background: How  the Raich v. Ashcroft federal medical cannabis lawsuit born, and who is involved . In the days immediately following September 11th, 2001, as the world was riveted by the issue of terrorism, the federal Drug Enforcement Administration turned its sights on a nonviolent group of seriously ill Americans, as it stepped up the level of time, money, and Federal law enforcement personnel used to attack medical cannabis patients.  Multiple raids of the homes and gardens of California’s medical cannabis caregivers and patients soon followed. The DEA raids became ever more outrageous and more harmful to patients. Angel Wings Patient OutReach, Inc. worked hard to develop a sound legal strategy to help ensure patients’’ and caregivers’’ safety and to create new public policies on the federal level.  Our legal team felt we had to do everything we could to stop the federal government's dangerous actions. Angel Wings Patient OutReach, Inc. retained attorneys Robert Raich, David Michael, and Randy Barnett who agreed to bring forth the historic lawsuit of first impression, Raich, et al. v. Ashcroft, et al.  The lawsuit was filed on October 9, 2002, by patient-activist Angel McClary Raich, Diane Monson, and Angel's two anonymous caregiver growers.  It charges Attorney General John Ashcroft and DEA Administrator Karen Tandy with violating constitutional rights under the Commerce Clause, the Fifth, Ninth, and Tenth Amendments, and medical necessity.  McClary Raich, a medical necessity patient with life-threatening illnesses, is asserting her right to fight for her own life. The plaintiffs asked Judge Martin J. Jenkins to issue a Preliminary Injunction during the pendency of the action, and Declaratory Relief and a Permanent Injunction enjoining the defendants from arresting or prosecuting the plaintiffs, seizing their medical cannabis, forfeiting their property, or seeking civil or administrative sanctions against them for their activities with respect to any of the following: (1) the possession of medical cannabis by Plaintiffs Angel McClary Raich and Diane Monson for their personal medical use; (2) the ability of McClary Raich to obtain medical cannabis from her caregivers, John Doe Numbers One and Two, for her personal medical use; (3) the ability of John Doe Numbers One and Two to cultivate and provide medical cannabis to McClary Raich for her personal medical use; (4) the processing of medical cannabis by McClary Raich for her personal medical use; and (5) the cultivation of medical cannabis by Monson for her personal medical use. According to the Complaint, John Ashcroft, the Federal Justice Department, and the DEA are unconstitutionally exceeding their authority by embarking on a campaign of seizing or forfeiting privately-grown intrastate medical cannabis from California patients and caregivers, arresting or prosecuting them, mounting paramilitary raids against them, harassing them, and taking other civil or administrative actions against them. Raich v. Ashcroft has received national media coverage. On December 17, 2002, a hearing was held in United States District Court on the motion for a preliminary injunction. On March 5, 2003 the Court denied the preliminary injunction, despite finding that "the equitable factors tip in plaintiff’’s favor." The plaintiffs are now appealing the denial of their motion for preliminary injunction. Amicus curiae briefs have been filed in the Ninth Circuit by the following amici: The State of California along with Alameda County, the City of Oakland, and Butte County; the California Medical Association along with the California Nurses Association; and Marijuana Policy Project along with Rick Doblin Ph.D and Ethan Russo M.D. We remain optimistic of ultimate victory in this case.  Our immediate goal is to win in the Ninth Circuit Court of Appeals, and to then defend that ruling from being overturned on appeal.  This case could signal a dawning of a new day for rational and compassionate policy making. We are facing a monumental court battle of national significance.  This a landmark, precedent-setting case, so it is important that the precedents it creates be positive for the medical cannabis movement. If you would like to make a donation to help combat the unfair persecution of medical cannabis patients, please mail your tax-deductible contribution to: Angel Wings Patient OutReach, Inc. P.O. Box 18767.  Oakland, California  94619-8767 If you experience problems with any links on this site please send an e-mail to info@raich-v-ashcroft.com.   Top of Page