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

The end justifies the means. Of course, once the means are in place, the end becomes irrelevant.

21 posted on 07/02/2004 2:25:07 PM PDT by tacticalogic (I Controlled application of force is the sincerest form of communication.)
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To: cripplecreek
Aren't most( if not all) of the benefits from medical marijuana available via pill? I plead ignorance on this matter as I am not a doctor though I played one when I was 6. Once again I am calling on the vast knowledge of my freeper brethren (there has be a few doctors out there) to set me straight on this one.
22 posted on 07/02/2004 2:25:44 PM PDT by Sir_Humphrey
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To: Sir_Humphrey
My problem isn't with the beliefs of the doctor or with the disagreement with the law. Personally I'm for legalizing marijuana, but I don't like the idea of finding ways to sidestep the law.

To me this is no different than someone deciding that they don't like speed limits so the get a restraining order to prevent the police from pulling them over.
23 posted on 07/02/2004 2:31:27 PM PDT by cripplecreek (you tell em i'm commin.... and hells commin with me.)
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To: Wolfie
Fry, whose clinic in Cool was raided

Medical MJ in a place called Cool?

Truth IS stranger than fiction.

24 posted on 07/02/2004 2:33:25 PM PDT by freedumb2003 (I want to die in my sleep like Gramps -- not yelling and screaming like those in his car)
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To: cripplecreek
One more judge shows why he needs to be removed.

I don't know if a restraining order is the proper way to do it, but I'm all for any judge who does his duty to curtail these unconstitutional actions of the fed. Whether you like it or not, medical marijuana is the law of the land in California, and nothing in the US Constitution gives the Fed authority to override that. For that matter, nothing in the Constitution gives Congress authority to outlaw drugs, period, in my opinion. That kind of thing should always be a state thing. It's not about whether drugs are good or bad, it's about whether the federal government has the right to decide that for you, AND, in this case, about whether the federal government has the right to violate a state's own laws.
25 posted on 07/02/2004 2:39:55 PM PDT by fr_freak
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To: cripplecreek
"The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."

That's the Ninth Amendment.

The judge was fully within his rights to issue a restraining order against Ashcroft.

26 posted on 07/02/2004 2:41:53 PM PDT by Trickyguy
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To: Sir_Humphrey
Aren't most( if not all) of the benefits from medical marijuana available via pill?

It's my understanding that the pill form doesn't have nearly the potency of the natural "smoked" form, if it has any effect at all.
27 posted on 07/02/2004 2:42:13 PM PDT by fr_freak
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To: Wolfie
"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?"

Deep thinker here
28 posted on 07/02/2004 2:44:08 PM PDT by Vision (Always Faithful)
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To: kevkrom
I'm glad I'm not the only one. I re-read the title several times and still didn't get it.

Commas are our friends. Really.

29 posted on 07/02/2004 2:45:58 PM PDT by FourPeas ("To educate a man in mind and not in morals is to educate a menace to society. " T. Roosevelt)
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To: Trickyguy

Whatever you constitutional law experts say.


30 posted on 07/02/2004 2:50:00 PM PDT by cripplecreek (you tell em i'm commin.... and hells commin with me.)
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To: fr_freak

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.


31 posted on 07/02/2004 2:56:29 PM PDT by KeepUSfree (WOSD = fascism pure and simple.)
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To: cripplecreek

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?


32 posted on 07/02/2004 2:58:00 PM PDT by steplock (WOULD HAVE TO shoot ANY FOREIGN INVADERS THAT SHOWED UP AT A VOTING BOOTH N)
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To: onyx; Wolfie
Typical left-wing ruling ala San Francisco

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.

33 posted on 07/02/2004 3:00:04 PM PDT by Dane
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To: A CA Guy

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?


34 posted on 07/02/2004 3:04:40 PM PDT by thoughtomator (End the imperialist moo slime colonization of the West!)
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To: steplock

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.


35 posted on 07/02/2004 3:07:15 PM PDT by cripplecreek (you tell em i'm commin.... and hells commin with me.)
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To: cripplecreek
Finally someone who gets my point.

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.

36 posted on 07/02/2004 3:39:50 PM PDT by Wolfie
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To: Wolfie; cripplecreek
Back at you wolfie,

Federal law labels marijuana an illegal "controlled substance." And in a unanimous 8-0 ruling, the high court ruled that patients with debilitating diseases who take the drug to relieve their pain would be doing so illegally

37 posted on 07/02/2004 3:44:27 PM PDT by Dane
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To: cripplecreek

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


38 posted on 07/02/2004 3:50:06 PM PDT by kcvl
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To: Dane; cripplecreek

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.


39 posted on 07/02/2004 3:50:53 PM PDT by Wolfie
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To: Wolfie
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.

40 posted on 07/02/2004 3:54:28 PM PDT by Dane
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