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10-18-2009, 07:32 PM #1
OPSenior Member
ACLU VIOLATES OPEN PUBLIC MEETINGS ACT.. AGAIN
James Sr.
Sounds like interesting stuff going on with the old guard ,white night,Hempfest inc crowd.I have until January to sterilize and Homogenize a legal argument capable of withstanding an immunity defense and summary judgement.Then I have to come up with 1400 bucks to file and serve the summons and complaint.There is a lot on my plate right now,while I wait for an division II appeals court decision I may have to appeal. I have been going at it alone for years now and I seem to be getting better and better at it.
What is it you want from me..Is it information..there is enough stuff posted here that you or anyone else can use in your battles.Funny you should mention cruel and unusual punishment it is now part of my legal argument.
This outta be specific enough to survive immunity and summary judgment
a. Even if State, County, and City Defendants had colorable authority to enforce federal marijuana laws over state medical marijuana laws, and ultra vires medical marijuana plant limits, for medical practice standards to be used under programs operated by State, County and City Defendants?? Departments, such authority does not permit Defendants to establish standards that are contrary to existing Specific lawful standards of medical practice developed by MQAC
The medical marijuana plant limits and de facto 60 day supply creations specifically conflict with the Washington State medical marijuana initiative, approved by the Washington state voters. As such, the ultra vires within the meaning of the law of the State of Washington, and will of the people violates the due process clause of the Fourteenth Amendment to the United States Constitution and should be enjoined in toto by this Court and declared invalid for any lawful purpose.
80. ___________ was seeking treatment for his pain, and was striped of the statutory rights under state law to seek the necessary medical care that would allow him to avoid intolerable pain and suffering, including choosing medical marijuana when no effective alternatives are available.
a. The right to make this choice is a fundamental right under the due
process clause, and is entitled to the strongest degree of constitutional protection.
81. Undermining the state medical marijuana law unduly burdens a
mentally competent adult??s fundamental liberty interest in avoiding
intolerable pain and suffering by seeking a physician-patient
relationship wherein a physician is allowed to exercise his best
professional and scientific judgment, even when such judgment is that
pain treatment with medical marijuana when it is medically necessary and no adequate alternative exists.
a. When the state exercises sufficient ??control and dominion? over
the life circumstances of an individual so that it becomes
impossible for the individual to obtain necessary support , such as
medical care, then by virtue of state ??control and dominion? over
those life circumstances, the state undertakes the obligation to
make that support available to the extent that absence of such
support would result in ??torture or a lingering death.?
b. The State??s overall and unduly restrictive regulatory impairment of
the only legal state mechanisms whereby individuals could obtain
necessary medical care with voter-approved medical marijuana, lawful treatment of severe chronic pain with medical marijuana as restricted through the civil conspiracy to undermine the Washington State medical marijuana Act described above -- results in ??control and dominion? over the medical circumstances of persons who, without such treatment, would have to live in intolerable
conditions. When a State, such as here, chooses to exercise
complete ??control and dominion,? then by virtue of the state
regulatory environment impairing the availability of necessary medical care, citizens on the street have less ??freedom? to obtain
that care than incarcerated prisoners who have a legal entitlement
thereto under the Eighth Amendment.
c. When the State chooses to exercise such complete ??control and
dominion? that it effectively proscribes or stigmatizes all
reasonable lawful avenues for receiving necessary medical care,
then the State has a concomitant obligation to ensure that adequate
resources are available for treatment of those medically necessary
needs which, absent interference by the state, would not otherwise
produce physical ??torture or a lingering death.? By virtue of state
??control and dominion? it is the state impairment that is
responsible for the physical ??torture or a lingering death.?
GOD I CANT WAIT.sandybarr Reviewed by sandybarr on . ACLU VIOLATES OPEN PUBLIC MEETINGS ACT.. AGAIN Hello, For too many years now the ACLU has been meeting with law enforcement in private to determine medical marijuana policies. This practice is not only unethical it is against the law. This policy decision should only be made by an open rule making process that is open to everybody, and not by clandestine meetings for the special few. The history of the ACLU meddling into medical marijuana is now well documented. In the past enforceable policies have been developed for Rating: 5
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