Upcoming Notice of Hearing You are invited to attend
the Hearing of Raich v. Ashcroft. (Come in your Sunday
best, it is important to making sure all cell phones
are turned off while in the courtroom.)
On October 7, 2003. Hearing in the Ninth Circuit
Court of Appeals at 95 "7th" Street, Court Room 3, on
the third floor, in San Francisco at 9:00 a.m.
(Judges-- Pregerson, Beam (8th Cir.), Paez) Press
release to follow. More about Raich v. Ashcroft
This is a case of first impression. Which means there
was not another case like it in the United States
before the filing of Angel McClary Raich, et. al. v.
John Ashcroft, et. al. on October 9, 2002. Watch for
updates between now and the hearing. We will be
releasing our website with all of the pleading and
more back ground on our case. October 9, 2002. Two
medical cannabis patients, Angel McClary Raich,
Diane Monson, and two caregivers, John Doe Number One,
and John Doe Number Two filed a complaint and motion
for preliminary injunction against Attorney General
John Ashcroft and former DEA Administrator Asa
Hutchinson. McClary Raich and Monson are asking Judge
Martin J. Jenkins to issue a preliminary injunction
during the pendency of this action and a permanent
injunction enjoining defendants from arresting or
prosecuting plaintiffs, seizing their medical
cannabis, forfeiting their property, or seeking civil
or administrative sanctions against them for their
activities. According to the complaint, John Ashcroft
and Asa Hutchinson are unconstitutionally exceeding
their authority by embarking on a campaign of seizing
or forfeiting privately-grown intrastate medical
cannabis from California patients and caregivers,
arresting or prosecuting such patients, mounting
paramilitary raids against patients and caregivers,
harrassing patients and caregivers, and taking other
civil or administrative actions against them.
December 17, 2002. Hearing before United States
District Judge Martin J. Jenkins on the motion for
preliminary injunction. On March 5, 2003. The Court
filed an order denying the preliminary injunction,
despite finding that "the equitable factors tip in
plaintiff's favor."
On March 12, 2003. The Plaintiffs filed a Notice of
Appeal to the United States Court of Appeals for the
Ninth Circuit. On April 30, 2003. Amici Curiae Brief
in Support of Appellants from Marijuana Policy
Project, Rick Doblin, Ph.D; and Ethan Russo M.D.On
April 30, 2003. Amici Curiae Brief in Support of
Appellants from the California Medical Association and
the California Nurses Association.
On April 29, 2003. Amici Curiae Letter and Brief in
Support of Appellants from the State of California,
Alameda County, and the City of Oakland.
On April 23, 2003. Appellants (Plaintiffs) filed
their Opening Brief in the Court of Appeals.
On May 28, 2003. Appellees (Defendants) (Ashcroft &
Hutchinson) filed their Answering Brief in the Court
of Appeals.
On June 11, 2003. Appellants will be filing their
reply brief and then await a hearing date.
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Angel McClary Raich
Download the major pleadings from our litigation
(Raich v. Ashcroft) at: