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."
The end justifies the means. Of course, once the means are in place, the end becomes irrelevant.
Medical MJ in a place called Cool?
Truth IS stranger than fiction.
That's the Ninth Amendment.
The judge was fully within his rights to issue a restraining order against Ashcroft.
Commas are our friends. Really.
Whatever you constitutional law experts say.
Also, reefer is smoked by people in chemotherapy as they lose thier appetites and can't keep anything down. Reefer settles the stomach and causes "munchies". As for the pill, it never made much sense to me to try to give a pill to a puking person... Smoking is, by far, the best medical application.
The judge really doesn't have that authority either!
Maybe one day we can all go back to honor, integrity, and maybe even common sense?
This isn't the first time wolfie has sung the praises of a Clinton appointee to the bench, nor will it be the last of wolfie and the marijuana is the center of our being Libertarians on FR singing the praises of liberal judges.
Do you really think that preventing someone from smoking a joint or doing a line of cocaine is on the same order as preventing rape and murder? Are you just exaggerating to make a point, or are you serious?
Finally someone who gets my point (I think)
It doesn't matter if I like the law or not. The law is still the law and setting a precedent is a bad idea. We know how much courts and attorneys like precedents. Personally I think this was simply a means to publically attack John Ashcroft. There must be another way.
Even the judges who ruled in favor of Newdow in the "under god" case did so legally. They were wrong, but they followed the prescribed means.
Your point is well taken. The law is the law. A little research, however, shows that Ashcroft is on the wrong side of the law.
Supreme Court Rejects Anti-Marijuana Case
Justices turned down the Bush administration's request to consider whether the federal government can punish doctors for recommending or perhaps even talking about the benefits of the drug to sick patients. An appeals court said they cannot.
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
Completely different case, completely different issue. The Federal gov't is restricted from punishing doctors who recommend marijuana. That has nothing to do with punishing patients who are in possession of it.
Oh yeah, that's right a Clinton appointed Judge(Alsup) said so.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.