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37 J. Marshall L. Rev. 1253 (2003-2004)
Medical Marijuana and Personal Autonomy

handle is hein.journals/jmlr37 and id is 1273 raw text is: MEDICAL MARIJUANA AND PERSONAL AUTONOMY ANDREW J. BOYD I. INTRODUCTION A. A Clash between Federal and State Law Diane Monson was in pain. She suffered from a degenerative disease of the spine that caused frequent severe back spasms and chronic back pain.1 Her doctor had recommended that she smoke marijuana to relieve her pain, and to that end she had cultivated six small marijuana plants in the backyard of her Butte County, California home.2 Law enforcement, however, was hot on her trail. Monson and her husband were the previous owners of another house on which Butte County sheriffs deputies had found a large amount of growing marijuana.3 Their interest in Monson sparked, sheriffs deputies flew over Monson's house and spotted marijuana growing in her backyard, but these deputies were unable to immediately determine how much marijuana was present.4 To further their investigation, the sheriffs deputies, along with several federal agents, raided the Monson home on August 15, 2002.' The officers found only six small marijuana plants, and the local sheriffs deputies determined that Monson's possession of the plants was legal under California statutory law.6 California law allows individuals, on the recommendation of a doctor, to possess and consume marijuana for valid medical Judicial clerk to the Honorable Judge Charles R. Norgle, United States District Court for the Northern District of Illinois; J.D.2004, The John Marshall Law School. 1. Raich v. Ashcroft, 248 F. Supp. 2d 918, 921 (N.D. Cal. 2003) [hereinafter Raich I].. 2. Laura Smith, Up in Smoke: Federal Government Clashes with County over Small Medical Marijuana Garden, CHICO NEWS & REV., Aug 22, 2002, at News & Features, available at http'//www.newsreview.com/issues/chico/2002- 08-22/news.asp?Print=1. 3. Id. The Monsons also retained a security interest in the house. Id. 4. Terry Vau Dell, Oroville Woman at Center of Medical Pot Ruling, at http://www.cannabisnews.com/news/threadl7997.shtml (Dec. 18, 2003). 5. Id. See also Raich I, 248 F. Supp. 2d at 921 (describing the raid). 6. Raich, 248 F. Supp. 2d at 921. 1253