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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: Wolfie

I sure wish they would hurry up and make it legal before I die! We enjoyed it a lot on weekends in college 1960s, 1970s. It is a lot less harmful than alcohol and cigarettes, which we are forced to substitute for it. I loved it! But only on weekends, no driving or going out, no small children around. And we didn't get stoned out of our gourds. Couldn't afford it.


41 posted on 07/02/2004 3:58:02 PM PDT by buffyt (The Clintons are the Demons from Dogpatch. Kerry is the sissy boy from Mass.)
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To: BigAzzHam
The federal government wasting time and resources trying to bust doctors for perscribing pot

Doctors have no authority to prescribe pot. It is not a medicine.

42 posted on 07/02/2004 3:58:18 PM PDT by cinFLA
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To: Dane

My sister who suffers terribly with MS could get med. pot if she wanted to. I would.


43 posted on 07/02/2004 3:58:41 PM PDT by buffyt (The Clintons are the Demons from Dogpatch. Kerry is the sissy boy from Mass.)
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To: cripplecreek

I agree with you 100%...

A voice of reason in a wilderness! That is YOU!

"Personally I'm for legalizing marijuana, but I don't like the idea of finding ways to sidestep the law."

YOU ARE RIGHT!


44 posted on 07/02/2004 4:00:35 PM PDT by buffyt (The Clintons are the Demons from Dogpatch. Kerry is the sissy boy from Mass.)
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To: cinFLA
Doctors have no authority to prescribe pot. It is not a medicine.

It is in California. The law's the law.

45 posted on 07/02/2004 4:05:42 PM PDT by Dinsdale
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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.

But to choose what you do with you own body by yourself is conservative, and according to the common law, which is decidedly conservative.

46 posted on 07/02/2004 4:06:39 PM PDT by William Terrell (Individuals can exist without government but government can't exist without individuals.)
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To: Dinsdale
It is in California. The law's the law.

Please look up the law. Or, at least, read the article. Doctors do NOT prescibe marijuana. It is not a medicine.

47 posted on 07/02/2004 4:07:43 PM PDT by cinFLA
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To: kevkrom

"Leela, just what DID you put in that mushroom stew?"

48 posted on 07/02/2004 4:09:16 PM PDT by Jonah Hex (Only 5 cents a troll? Must be too many of the varmints around here...)
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To: cinFLA
Technically correct. But a distinction that is not a differance.

In Ca doctors recomend MJ. It is then legal under state law to use. The federal laws are unconstitutional and are happily ignored by all (including the local cops).

49 posted on 07/02/2004 4:09:28 PM PDT by Dinsdale
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To: Dinsdale

Exactly. And the courts ruled that the Feds cannot punish doctors for recommending medical marijuana. The Supreme Court declined to hear the Feds appeal. Ashcroft is in violation, hence the restraining order.


50 posted on 07/02/2004 4:11:48 PM PDT by Wolfie
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To: Dinsdale

And I have rheumatoid arthritis.... I should move back to LA and get some drugs that WORK!


51 posted on 07/02/2004 4:11:59 PM PDT by buffyt (The Clintons are the Demons from Dogpatch. Kerry is the sissy boy from Mass.)
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To: William Terrell
Well you see, sometimes they have to
"take things away from you for the common good"
- Sen. Hillary Clinton.
52 posted on 07/02/2004 4:13:24 PM PDT by Wolfie
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To: Wolfie
Well you see, sometimes they have to "take things away from you for the common good" - Sen. Hillary Clinton

For full disclosure, stated by a good friend and political ally of the person who is putting millions of dollrs into promoting the leftist drug culture, George Soros.

53 posted on 07/02/2004 4:20:56 PM PDT by Dane
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To: Dane; William Terrell

For even fuller disclosure, a political philosophy (i.e., the needs of society outweigh individual liberty) shared by liberals like Hillary Clinton and Drug Warriors alike.


54 posted on 07/02/2004 4:23:06 PM PDT by Wolfie
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To: Wolfie
For even fuller disclosure, a political philosophy (i.e., the needs of society outweigh individual liberty) shared by liberals like Hillary Clinton and Drug Warriors alike

Actually for the most lucid disclosure it is a political philosophy promoted by your sugar daady of your pro-drug cause, Hillary political ally, George Soros.

55 posted on 07/02/2004 4:29:03 PM PDT by Dane
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To: cripplecreek
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.

Indeed. From George Washington's farewell address:

"If, in the opinion of the people, the distribution or modification of the constitutional powers be in any particular wrong, let it be corrected by an amendment in the way which the Constitution designates. But let there be no change by usurpation; for though this, in one instance, may be the instrument of good, it is the customary weapon by which free governments are destroyed. The precedent must always greatly overbalance in permanent evil any partial or transient benefit, which the use can at any time yield."

On this issue, the sidestepping of the law and setting of precedent started with FDR and the New Deal.

56 posted on 07/02/2004 4:29:18 PM PDT by tacticalogic (I Controlled application of force is the sincerest form of communication.)
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To: Wolfie
. . .the needs of society outweigh individual liberty. . .

All those who believe that I invite to refute my tag line.

57 posted on 07/02/2004 4:41:14 PM PDT by William Terrell (Individuals can exist without government but government can't exist without individuals.)
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To: cripplecreek
Whatever you constitutional law experts say.

That's exactly what I am...unlike you.

58 posted on 07/02/2004 4:51:23 PM PDT by Trickyguy
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To: William Terrell

But to take that choice to use illegal drugs is a totally liberal cause.
To claim there is no morality so immorality can be imposed is HUMANISM!


59 posted on 07/02/2004 4:57:32 PM PDT by A CA Guy (God Bless America, God bless and keep safe our fighting men and women.)
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To: thoughtomator

Considering almost every violent offender in our prisons here in California have had drug habits as well, YES I DO, absolutely!


60 posted on 07/02/2004 4:59:03 PM PDT by A CA Guy (God Bless America, God bless and keep safe our fighting men and women.)
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