== Forwarded Message Follows =========================================
From: "Carl E. Olsen" 
@Subject: Re: Lawsuit against McC et al
At 03:50 PM 1/14/97 -0500, Kevin Zeese wrote:
>Friends:
>
>I am forwarding an email from Dan Abrahamson about the class action lawsuit
>filed today. The suit is entitled, Conant et al. v. McCaffrey et al. The
>suit includes 13 named plaintiffs (9 of whom are doctors) and two
>organizational plaintiffs. It is a class action against McCaffrey, Reno,
>Shalala and Constantine in their official capacities as reps of ONDCP, DOJ,
>DHHS and DEA respectively.
>
>The only thing I would add to the post from Dan is the rationale for the
>narrow First Amendment approach. We considered other issues (due process,
>cruel and unusual punishment, right to privacy, and states rights) but
>decided a more focused approach on our strongest argument was most likely
>to get the injunctive relief needed to make Prop. 215 take effect in
>California.
>
>The next step is seeking injunctive relief. If anyone has suggestons for
>possible additional plaintiffs or organizations we should pursue for amicus
>support please pass them on to Dan or me.
>
>Kevin Zeese
>
>
>>Dear Friends:
>>
>>        This morning, 9 prominent California physicians, a physician's
>>organization, 4 patients and a patient's organization filed a class
>>action suit in federal district court in San Francisco against the United
>>States government for its issuance of threats against doctors who
>>recommend and patients who use medical marijuana.  The suit seeks from
>>the federal court a declaration "that physicians and patients have the
>>right, protected by the First Amendment . . . to communicate in the
>>context of a bona fide physician-patient relationship, without government
>>interference or threats of punishment, about the potential benefits and
>>risks of the medical use of marijuana."  If successful, the government
>>will be enjoined "from enforcing or threatening to enforce, in criminal,
>>civil, or administrative proceedings, any federal statute, regulation or
>>other provision of law in a mannter tha weould punish or penalize
>>physicians for communicating with their patients, using their best
>>medical judgment . . . regarding potential risks and benefits of medical
>>use of marijuana . . . ."
>>
>>        ABSENT TECHNOLOGICAL DIFFICULTIES, THE FULL TEXT OF THE
>>FILED COMPLAINT CAN BE FOUND AT THE LINDESMITH CENTER'S WEBSITE AFTER
>>9:00 a.m. PST:  http://www.lindesmith.org
>>
>>
>
>                              Kevin B. Zeese
>                       Common Sense for Drug Policy
>                           3619 Tallwood Terrace
>                           Falls Church, VA 22041
>                            703-354-5694 (phone)
>                             703-354-5695 (fax)
>                             kevzeese@laser.net
>
>
>
>
***********************************************************************
*  Carl E. Olsen                *  carl@commonlink.net                *
*  Post Office Box 4091         *  NORML News archived at:            *
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