SAN FRANCISCO -- Angel Raich, whose doctor says marijuana is the only medicine keeping her alive, is not immune from federal prosecution on drug charges, a U.S. federal appeals court ruled yesterday.

Raich, 41, is an Oakland mother of two who suffers from scoliosis, a brain tumour, chronic nausea and other ailments. On her doctor's advice, she eats or smokes marijuana every couple of hours to ease her pain and bolster a non-existent appetite, because conventional drugs did not work.

Raich began sobbing when she was told of the decision and said she would continue using the drug.

"I'm sure not going to let them kill me," she said. "Oh my God."