Constitutional Rights in Question as Marijuana and Gun Case Extended

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Millions of Americans use medical marijuana for pain relief and many more Americans own guns. But will these patients continue to have such freedoms in the ongoing fight of what is really individual choice of healthcare? One Jewish woman says 'yes' as her case, Wilson v. Holder continues, according to the Kimble Group.

Will the intersection of these basic civil liberties be reaffirmed under the first amendment? Or would an individual's choice in health care trump their right to own and use firearms?

The federal court case of Wilson v. Holder (case number: 2:2011cv01679) has been garnering recognition since Colorado and Washington states have legalized marijuana. A majority of Americans, per Gallup poll, approve of marijuana. Even with unprecedented recent victories ending marijuana prohibition in Colorado, Washington and Massachusetts, many are still questioning if it's constitutional.

A precedent from the Ninth Circuit may preclude a decision. The short cursory analysis of the constitutionality of the federal law in question is 18 USC 922. The U.S. v Dugan opinion was allegedly acknowledged as factually dissimilar from the case presented; as it stated Ms. Wilson "is not a criminal but a medicinal marijuana card holder in Nevada. She is further involved in healthcare activism, holds her MBA in finance and is currently a Vice President at HeadBook.org."

Concerned with first amendment issues, the plaintiff's counsel, Chaz Rainey, noted, "The judge appeared to entertain the argument that acquiring a medical marijuana registry card may constitute a form of political speech, and that restricting a person's rights based on his/her mere possession of such a card could be a violation of his/her freedom of speech. However, the judge also noted that the plaintiff failed to plead a First Amendment violation in the original complaint, suggesting that the complaint should probably be amended to include this claim.”

Judge Navarro allegedly noted a handful of issues that the attorneys, for both sides, failed to raise in their prior pleadings, asking that the attorneys both supplement their pleadings with the court. Supplemental briefs are due by December 17, 2012.

This raises the question, "Is marijuana finally coming out of the cannabis closet?" With Colorado and Washington legalizing recreational use of marijuana and Massachusetts, now the 18th state to legalize medical marijuana, it seems so. Popular 'pot stocks' (Hemp, Inc., GrowLife, Inc. and Medical Marijuana, Inc.) known as the Tremendous Trio appear to be skyrocketing. Specifically Hemp, Inc. that has acquired 20-year worldwide licensing rights for cannabinoid medicinals (lozenges).(See Marijuana, Inc. Acquires Exclusive Worldwide Marketing Rights for Proprietary Cannabinoid Medicinals) With Israel's Health Ministry considering the distribution of medical marijuana through pharmacies and according to the420Times.com, Governor Gary Johnson openly admitting using marijuana use for pain relief, reform of the 'drug wars' is imminent. Wilson states, “Patients' individual rights should always be paramount. This is a matter of not only 1st, 2nd and 10th amendment rights, but basic healthcare.”

For more legal comments, contact Chaz Rainey, Esq./MBA, Managing Partner of The Law Firm of Rainey Devine at (702) 425-5100 or via fax (888) 867-5734 or chaz(at)raineydevine(dot)com. S. Rowan Wilson, MBA can be reached for comment at srowanwilson(at)gmail(dot)com or via Headbook.org or via phone (775) 455-0305.

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Lynita Kimble
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