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Doctor Who Recommended Medical Pot Gets Restraining Order vs. Ashcroft
Tahoe Daily Tribune ^ | July 2, 2004

Posted on 07/02/2004 1:37:39 PM PDT by Wolfie

Doctor Who Recommended Medical Pot Gets Restraining Order vs. Ashcroft

A federal judge awarded a West Slope doctor who recommends medical marijuana a temporary restraining order against Attorney General John Ashcroft. Mollie Fry, whose clinic in Cool was raided by federal agents three years ago, will appear in a San Francisco court next week to hear whether a judge will make the order permanent.

"I feel beaten and I'm asking him to stop beating me," Fry said.

The temporary restraining order, approved by U.S. District Court Judge William Alsup, elated Fry.

"We need to continue to struggle against those who would take our freedom away," she said. "I mean, hello, what more freedom do you have than to choose?"

Soon after Fry's restraining order was approved, Charles Miller, a spokesman for Ashcroft's office, said he was waiting to see it.

"I'm not familiar with it as yet," Miller said. "There's all kinds of things out there that have been filed against the government."

During the July 8 hearing, Laurence Lichter, Fry's San Francisco-based attorney, will attempt to give proof that the federal government is harassing his client.

Alsup is the judge who in September 2000 banned the federal government from prosecuting doctors who recommend medical marijuana to chronic patients.

He also ruled federal agents can't revoke a doctor's license to practice medicine - and investigators can't begin a case on a physician - just because they recommend medical marijuana.

Lichter said Fry's order could expand Alsup's 2000 ruling.

"It's the first time that any doctor has had any evidence that the government violated the federal injunction," he said.

In September 2001, agents raided the clinic Fry and her husband, attorney Dale Schafer, operates. Medical records for about 400 South Shore residents were seized, as well as items in a storage shed the couple rented.

Some files were returned.

Fry's Drug Enforcement Administration certificate has been pulled, which means she can't prescribe drugs like Vicodin. She still can recommend medical marijuana.

The doctor plans to bring her contingency to San Francisco next week, including some media.

"I'm not punching. I'm treading water," she said. "All I want to do is protect the innocent."


TOPICS: Culture/Society
KEYWORDS: bongworshippers; dopeheads; drugwar; inducedstupidity; itsallaboutdope; libertinedopers; shortpeople; stuntedgrowth; wod; wosd
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1 posted on 07/02/2004 1:37:40 PM PDT by Wolfie
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To: Wolfie

One more judge shows why he needs to be removed.


2 posted on 07/02/2004 1:40:35 PM PDT by cripplecreek (you tell em i'm commin.... and hells commin with me.)
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To: Wolfie
Doctor Who Recommended Medical Pot

I know the show has it's psychedelic moments (especially the opening titles), but I can't believe the good Doctor did this!

3 posted on 07/02/2004 1:42:20 PM PDT by kevkrom (Reagan lives on... as long as we stay true to his legacy)
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To: Wolfie

> Doctor Who Recommended Medical Pot

See, THAT is why you don't spend any more time in the TARDIS than you have to...


4 posted on 07/02/2004 1:42:26 PM PDT by orionblamblam
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To: kevkrom

Damn you! You were too fast for me...


5 posted on 07/02/2004 1:42:52 PM PDT by orionblamblam
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To: Wolfie

Typical left-wing ruling ala San Francisco.


6 posted on 07/02/2004 1:43:34 PM PDT by onyx (Be a monthly or a $1 a Day donor to FR -- I am.)
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To: Wolfie

The govt attempts to ban marijuana will in the near future look as STUPID as the attempt to ban alcohol.

The fed has no legal authority to do either. NOT according to the Constitution anyway.


7 posted on 07/02/2004 1:44:11 PM PDT by steplock (WOULD HAVE TO shoot ANY FOREIGN INVADERS THAT SHOWED UP AT A VOTING BOOTH N)
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To: orionblamblam
Damn you! You were too fast for me...

Actually, I wasn't. I just went back in time and retroactively posted before you.

8 posted on 07/02/2004 1:44:17 PM PDT by kevkrom (Reagan lives on... as long as we stay true to his legacy)
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To: Wolfie

If there is a legitimate medical reason for this I have less trouble.
What I find pathetic are all the drugs addicts, Libertarians who will try and ride the suffering and their medical use for their recreational use.

LOSERS!


9 posted on 07/02/2004 1:44:48 PM PDT by A CA Guy (God Bless America, God bless and keep safe our fighting men and women.)
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To: steplock

I agree but my problem is with a judge who issues such an ignorant restraining order.


10 posted on 07/02/2004 1:46:08 PM PDT by cripplecreek (you tell em i'm commin.... and hells commin with me.)
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To: Wolfie
Does this mean that John Ashcroft is prohibited from purchasing firearms or could even have his firearms confiscated? As a law enforcement officer, this could theoretically complicate the Attorney General's ability to do his job.
11 posted on 07/02/2004 1:48:06 PM PDT by Ronaldus Magnus
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To: A CA Guy

Howabout us folks who can't justify the taxes needed to enforcing it, nor the violence done to the 4th Amendment, among others?


12 posted on 07/02/2004 1:49:11 PM PDT by thoughtomator (End the imperialist moo slime colonization of the West!)
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To: Ronaldus Magnus

I was thinking that Scott Peterson should get a restraining order against the prosecution. (sarcasm)


13 posted on 07/02/2004 1:49:35 PM PDT by cripplecreek (you tell em i'm commin.... and hells commin with me.)
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To: cripplecreek

>>I agree but my problem is with a judge who issues such an ignorant restraining order.

Who's more ignorant? The federal government wasting time and resources trying to bust doctors for perscribing pot even though they have no constitutional authority to do so when thousands of illegals are streaming across the borders or the judge who wants to put an end to this nonsense?


14 posted on 07/02/2004 1:51:41 PM PDT by BigAzzHam ("Ward, I think there's something wrong with the Beaver." - June Cleaver)
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To: BigAzzHam

thats not up to me...or you. The fact is that its ridiculous to issue a restraining otder against the prosecution.


15 posted on 07/02/2004 1:54:38 PM PDT by cripplecreek (you tell em i'm commin.... and hells commin with me.)
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To: Wolfie
"In September 2001, agents raided the clinic Fry and her husband, attorney Dale Schafer, operates. Medical records for about 400 South Shore residents were seized, as well as items in a storage shed the couple rented."

"Items" in a storage shed?

Cool, CA. Sep 28, 2001 "In the first federal raid of a medical cannabis clinic, DEA agents raided the office and home of Dr. Marion "Mollie" Fry and her attorney husband, Dale Schafer, directors of the California Medical Research Center in El Dorado County, seizing all of their patient records."

" The CMRC provided medical recommendations and legal consultations for over 6,000 Prop. 215 patients in California. The government is now holding all of their records for further investigation."

"DEA agents also seized 33 plants and processed marijuana belonging to Dr. Fry, who is herself a breast cancer patient. Dr. Fry says that she and her 14-year-old son were thrown to the ground at gunpoint and handcuffed while agents ransacked their house."

" No charges have been filed yet, pending further investigation. The government has indicated that it is interested in prosecuting Fry and Schafer, not their patients. It contends that the couple helped patients obtain marijuana in violation of federal law by selling recommendations as well as cultivating and distributing it from their garden."
-- canorml.org

16 posted on 07/02/2004 2:05:11 PM PDT by robertpaulsen
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To: Ronaldus Magnus

> Does this mean that John Ashcroft is prohibited from purchasing firearms or could even have his firearms confiscated?

Don't think so. IIRC, that's only in the case of domestic violence-based restraining orders.


17 posted on 07/02/2004 2:06:17 PM PDT by orionblamblam
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To: thoughtomator

Against your drugs? I think it is justifiable as it is to keep enforcing rape and murder laws even though they keep happening.

Forget the drugs, they don't do anything good and are not a conservative choice of any kind.


18 posted on 07/02/2004 2:11:27 PM PDT by A CA Guy (God Bless America, God bless and keep safe our fighting men and women.)
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To: Wolfie
Mollie Fry, whose clinic in Cool

You can't make these things up.

19 posted on 07/02/2004 2:12:34 PM PDT by Cicero (Marcus Tullius)
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To: Cicero

You can't make these things up.

But only 'cause if you did, no one would buy it.

20 posted on 07/02/2004 2:21:01 PM PDT by AnnaZ ("We're going to take things away from you on behalf of the common good."::: Hillar(ed)y! ::: 6/28/04)
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