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Tuesday, August 16, 2011

Sibley vs. Obama and Holder -- The Battle Intensifies

As the D.C. government slowly moves along the D.C. Medical Marijuana program, U.S. District Court Judge John D. Bates has not moved my case along at all. Since July 5th, the following has occurred in my lawsuit against President Obama and Eric Holder:
  • The government filed its motion to dismiss the lawsuit claiming that I didn't have standing.
  • I filed my Memorandum of Law in Opposition
  • The District of Columbia required all applicants for a medical marijuana cultivator's permit to swear under oath that they admit they are breaking federal law.
  • On August 16th, I filed my First Amended Complaint adding Mayor Gray and the D.C. Department of Health alleging that it would violate my Fifth Amendment right to refuse to incriminate myself if I have to admit that by cultivating marijuana in compliance with the D.C. Medical Marijuana Act I am still in violation of the federal Controlled Substances Act -- something I won't do. Along with the First Amended Complaint, I filed my Second Motion for Preliminary Injunction to stop the D.C. Department of Health from requiring that affidavit admitting guilt.
Now, and again, it is up to the Judge Bates to move this case along.

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