cannabisnews.com: MMJ User Tries To Stop DMV from Taking Her License





MMJ User Tries To Stop DMV from Taking Her License
Posted by CN Staff on December 21, 2004 at 18:58:55 PT
By Brian Melley, Associated Press Writer
Source: Associated Press
The Department of Motor Vehicles postponed a driver's license test for a medical marijuana user with a case before the Supreme Court after her lawyer claimed on Tuesday that she was being unfairly targeted for review without any driving violations.Diane Monson received notice from the DMV earlier this month that she needed to appear at a re-examination hearing Thursday or would lose her license. The notice did not say why she was selected, but she said with the exception of a speeding ticket 15 years ago she had spotless record.
"I still very strongly that I've done nothing whatsoever to warrant this investigation," Monson said after being notified the hearing was scrapped.DMV brass put the hearing on hold and launched a "top to bottom" internal review of the case after Monson and her lawyer hand-delivered a cease-and-desist notice to the agency's headquarters, said spokesman Bill Branch. Inquiries from news reporters brought the matter to the attention of officials."So far as top-level DMV officials can recall, we are not aware of any other cases involving medicinal marijuana," Branch said.The agency would not say why Monson was selected for a re-examination hearing, which are held routinely in cases involving drivers involved in serious crashes or who have been cited for driving under the influence of drugs or alcohol at least three times over three years.Monson had just passed and eye exam to renew her license when she was notified of the so-called re-examination. It arrived shortly after her medical marijuana case was heard by the Supreme Court.Monson, 47, an accountant from Oroville, is a plaintiff in a case that will determine whether federal law enforcement agents can seize pot grown by users in states where it can be legally prescribed as medicine. Monson takes the drug to relieve back pain.She and another California woman filed suit against Attorney General John Ashcroft because they feared their supply would disappear after federal agents seized six pot plants in 2002 on her rural property on Rattlesnake Peak.They won in the 9th U.S. Circuit Court of Appeals, which ruled that federal prosecution of medical marijuana users is unconstitutional if the pot is not sold, transported across state lines or used for nonmedicinal purposes.California law allows people to grow, smoke or obtain marijuana for medical needs with a doctor's recommendation. Other states with such laws are Alaska, Arizona, Colorado, Hawaii, Maine, Montana, Nevada, Oregon, Vermont and Washington.While the order from DMV did not specify why Monson was singled out, attorney David Michael said it was unheard of that someone with a near-perfect record would be selected. He said it was unconstitutional, illegal and an abuse of authority."The important thing is that Diane was given this notice not because of any driving, but solely because of the fact she's a medical cannabis patient," Michael said.Advocates for the use of pot as medicine said it's not uncommon for law enforcement to harass and intimidate patients."This whole landscape represents a culture of resistance by law enforcement and public officials to enforce state law," said Kris Hermes of Americans for Safe Access, a national marijuana advocacy group.Nathan Barankin, a spokesman for Attorney General Bill Lockyer, said there has been some confusion due to the unclear wording of Proposition 215, which legalized marijuana in 1996. He also said the state could improve its regulation of the drug. He said he had never heard of an instance such as Monson's with a DMV hearing required."Quite frankly, I find it strange," Barankin said. "It seems odd that this would happen." Complete Title: Medical Marijuana User Tries To Stop DMV from Taking Her LicenseSource: Associated Press (Wire)Author: Brian Melley, Associated Press WriterPublished: Tuesday, December 21, 2004Copyright: 2004 The Associated Press Related Articles & Web Site:Angel Raich v. Ashcroft Newshttp://freedomtoexhale.com/raich.htm Cannabis and The Constitutionhttp://cannabisnews.com/news/thread20027.shtmlHigh Court -- High Anxietyhttp://cannabisnews.com/news/thread19935.shtml
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Comment #4 posted by global_warming on December 22, 2004 at 04:22:07 PT
Strange
"Quite frankly, I find it strange," Barankin said. "It seems odd that this would happen."Somehow I have a picture in my head of John Ashcroft, that crisco head Jesus freak holding his finger on the verse and chapter in the bible and using the law like a tool to further his mockery.Pity his corrupted soul, for he is sowing the place he will serve in for eternity, and that place is without the light of God, pity his lost soul.
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Comment #3 posted by afterburner on December 21, 2004 at 20:54:04 PT
E_Johnson
I was just getting ready to call it a night when I read about this infuriating discriminatory action. I had to eat an apple to calm down. You are absolutely right about the science though. Coupled with the ASA suit to force the government to use science, "HHS Heat Campaign To Reschedule Medical Marijuana" [using the Data Quality Act petition] http://safeaccessnow.org/article.php?id=1467 , this is another example of how the prohibitionists' arguments are falling apart!
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Comment #2 posted by ekim on December 21, 2004 at 20:37:47 PT
re-examination for all Prescriptions -what a waste
10 states -- over 25 % of the total population in the US living in a State with Med use laws. How many Hundreds of Thousands of Med users are driving.the elephant in the living roomIn Kalamazoo MI the Drug Court is being cut in its funding. Over 2 Hundred Thousand a year to run just the ladies court with the Men's and Juvenals costing in the Millions. 
 
Yesterday in the Kal Gazette front page was how the drug courts are being cut in city budget, and how a new foundation is going to go to the people and collect the money needed to keep the courts running,with the AARP saying Med Cannabis is needed. Budgets are being stretched and the number of Cannabis arrests should be public record. How much is being spent on Cannabis prohibition. If drug courts are operating no one should be sent on Med related charges, and tickets and fines used in adult regulation. Saving many thousands of dollars.Let the people vote on where to spend the moneys and who should be arrested and for what. 
http://www.leap.cc/events
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Comment #1 posted by E_Johnson on December 21, 2004 at 20:10:50 PT
If they want to force the issue
We've got all the science on our side. They've really miscalculated this time.
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