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Freedom and Bodily Autonomy for Medical Marijuana Patients

Is Cannabis a constitutional right? And does its use deprive a citizen of some of the enumerated rights in the US Constitution, including the right to possess a firearm?

Oral arguments for the Human Rights legal case of S. Wilson v. Loretta Lynch are this Thursday morning, July 21, in the 9th Circuit District Court at the Browning Federal Courthouse in San Francisco. The case is moving into its fifth year.

S. Rowan Wilson is appealing the District Court’s dismissal of her action against the U.S. Attorney General, challenging the constitutionality of provisions that criminalized the sale and possession of a firearm by the holder of a state marijuana card.

The use of cannabis for medical and health reasons has been legalized in 25 states in the USA. Even with this approval, patients who may or may not be using medical marijuana/cannabis are still categorized as criminals.

Federal law classifies cannabis as a dangerous drug similar to opiates, despite research clearly showing its multiple benefits. “Patients are out of Patience,” and cannabis has been used for medical purposes the world over, since ancient times.

“The case tests the First, Second, Fourth and Fifth amendments of the US Constitution,” according to a Wednesday press release from Rowan. “All people have a right to free speech, their choice of health care and basic rights of protection, including from undue process.”

“The case brings to the forefront more than just one Washington woman’s ‘right to choose’ in a supposedly cannabis legal state,” the plaintiff’s release reads.

“My goodness, this has now been almost 5 years in the making since being denied a gun permit for being a known Cannabis patient,” Wilson told Toke Signals. “We’re shaping the narrative now,” she said Wednesday night.

“When a patient with MS, HIV, or Cancer is wheelchair bound or weak they cannot possibly defend themselves against a young, strong, violent person that is willing to kill for a plant,” said Seattle-based attorney Aaron Pelley, who specializes in marijuana cases. “What other defense do these patients have other than a firearm? These crooks are willing to commit murder over relatively small amounts of marijuana to make a little cash at the expense of the weak. These patients should have the right to protect themselves in their own homes.”


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