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Lilli
Cannabis Sacrament Minister
Joined: 12 Dec 2003
Posts: 4218
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 Posted: Fri May 21, 2004 8:07 am Post subject: The First Medical Cannabis Patients,US History win injuction |
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The First Medical Cannabis Patients in US History to get an Injunction against the Federal Government.
Legal Team and Plaintiffs Celebrate Victory
Angel McClary Raich and Diane Monson are the first medical cannabis patients in US history to get an Injunction against the Federal Government.
On May 14,2004, District Court Judge Martin J. Jenkins grants preliminary injunction against the federal government. The Court having considered all the pleadings filed in this matter, the argument made by counsel, and for good cause having been shown, Plaintiffs' Motion for Preliminary Injunction is GRANTED.
In Raich v. Ashcroft, 352 Fed. 3d 1222 (9th Cir. 2003), the United State Court of Appeals for the Ninth District held that the Plaintiffs' have demonstrated a stron likeihood that "as applied to them, the [Controlled Substances Act] is an unconstitutional exercise of Congress' Commerce Clause authority." Id. at 1227. Accordingly,
IT IS HEREBY ORDERED THAT, during the pendency of this action Defenants and their agents and officers, and any person acting in consort wit them, are hereby enjoined from arresting or prosecuting Plaintiffs Angel McClary Raich and Diane Monson, siezing their medical cannabis, forfeiting their property, or seeking civil or administrative sanctions against them with respect to the intrastate, noncommercial cultivation, possession, use, and obtaining without charge of cannabis for personal medical purposes on the advice of a phycician and in accordance with state law, and which is not used for distribution, sale or exchange; and
To read more of this preliminary injunction please go to http://angeljustice.org/downloads/Raich%20Preliminary%20Injunction.pdf.
On December 16, 2003, the Ninth Circuit Court of Appeals issued an opinion reversing and remanding the case Raich v. Ashcroft to the district court with instructions to enter a preliminary injunction, as sought by the patients and caregivers. The Court found that “the appellants have demonstrated a strong likelihood of success on their claim that, as applied to them, the CSA [Controlled Substances Act of 1970] is an unconstitutional exercise of Congress’ Commerce Clause authority.”
The Raich v. Ashcroft Decision http://angeljustice.org/downloads/ninthcircuitdecision.pdf
If you would like to read or download other pleadings in the Raich v. Ashcroft case go to our court documents page at http://angeljustice.org/article.php?list=type&type=11.
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http://www.angeljustice.org/article.php?id=56
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Ferre
Cannabis Sacrament Minister.
Joined: 14 Apr 2003
Posts: 7295
Location: Amsterdam
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| Posted: Fri May 21, 2004 11:53 am Post subject: |
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Thank you Lilli, that's great news. 
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Lilli
Cannabis Sacrament Minister
Joined: 12 Dec 2003
Posts: 4218
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| Posted: Fri May 21, 2004 2:55 pm Post subject: |
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Isnt it just great news, I am praying this effects Rogers suit against Ashcroft.
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I pass to you the torch that Christ once passed to me.
Others are still in the dark and need
the light to see.
"I AM"
"Gathering the fragments so that
none are lost"
His Shepherdess
http://missouri.thcministry.org/ |
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Nikion
regular contributor
Joined: 26 Jan 2004
Posts: 48
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| Posted: Fri May 21, 2004 9:58 pm Post subject: |
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| it is good to hear good news... looks as though the medical movement is picking up. I am most pleased to hear this as i once new an old lady, who found relife for her glucoma only by smoking cannabis. saidly there was no legal way for her to do it, and as a result of the high costs she could not continue to save her eye that way. So now she has a glass eye, her eye is a victom of the war on drugs. |
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Lilli
Cannabis Sacrament Minister
Joined: 12 Dec 2003
Posts: 4218
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| Posted: Fri May 21, 2004 10:57 pm Post subject: |
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Uhm to my knowledge glaucoma dont cause eyes to be removed, Ive had it for 11 yrs. Yes there is alot of relief from cannabis for it. But it causes the vision field to narrow and perifiel vision gets less an less until your reduced to seeing as if you were looking out thru a straw. Also haloed vision. Then blind.
Not saying your friend didnt loose an eye. But if she did it was probably by some other disease.
_________________
I pass to you the torch that Christ once passed to me.
Others are still in the dark and need
the light to see.
"I AM"
"Gathering the fragments so that
none are lost"
His Shepherdess
http://missouri.thcministry.org/ |
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RogerChristie
Cannabis Sacrament Minister.
Joined: 16 Feb 2004
Posts: 1098
Location: Hilo, Kingdom of Hawai'i
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| Posted: Sat May 22, 2004 11:25 am Post subject: The gospel = the 'good news' |
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Hello Everyone,
Aloha. This is VERY fine news, indeed. Congratulations to the plaintiffs and their lawyers. Bravo!
Yes, this case will have a positive effect on our complaint for injunction, thanks for asking. Part of the blessing in it is the teaching we get from their good example.
A 'preliminary injunction' would be a fine way to begin this process for us, too, I think you would agree.
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God, that's great! Please show me the blessings in this situation ... and hurry! We are safe, we are loved and all is well. |
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Lilli
Cannabis Sacrament Minister
Joined: 12 Dec 2003
Posts: 4218
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| Posted: Sat May 22, 2004 1:53 pm Post subject: |
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YESSSSSSSSSSSSSSS
Hurrah Thank you God!!!
He is so much stronger then the goverment.
When God told Moses to tell the egyptians to give them their money an gold they did. When they were after them in the wilderness God even made them confused and they thought they could go faster if they took the wheels off their chariots.lol How sweet is that. 
_________________
I pass to you the torch that Christ once passed to me.
Others are still in the dark and need
the light to see.
"I AM"
"Gathering the fragments so that
none are lost"
His Shepherdess
http://missouri.thcministry.org/ |
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