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Angel Raich has an inoperable brain tumor, a seizure disorder, scoliosis, severe chronic pain, chronic nausea, and some other ailments that leave her unable to eat and cause her to be officially dying. You may recall that, five years ago, the 41-year-old Oakland woman sued then-U.S. attorney general John Ashcroft and the federal government over her right to use medical marijuana, which is legal in California. According to her doctors, she will die without it. According to a federal appeals court, she can drop dead.

The Supreme Court ruled against Raich two years ago, saying medical marijuana users and their suppliers could be prosecuted for breaching federal drug laws even if they lived in a state such in which medical marijuana is legal. Today, the 9th Circuit Court of Appeals also ruled that Raich and her suppliers could be prosecuted for violating federal drug laws. However, the court left open the possibility that if Raich were arrested, her attorneys may be able to mount a “medical necessity defense.”

Raich says she will continue to smoke and eat marijuana.