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Indybay Feature
Thu Dec 23 2004
Diane Monson Receives Letter from DMV, Needs Special "Re-examination"
Medical Marijuana Patient and Plaintiff Singled Out
Diane Monson, who is a medical marijuana patient from Oroville, California and a plaintiff in the Raich, et al v. Ashcroft, et al case that is currently before the US Supreme Court, received a notice from the California District of Motor Vehicles earlier this month that she would have to appear at a re-examination hearing this week, or lose her
driver's license. The letter did not state why Monson had been selected; she claims that aside from a speeding ticket 15 years ago, she has had spotless driving record. Re-examination
hearings are usually held 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.
The DMV has postponed the hearing and launched an internal investigation of the case after Monson and her lawyer hand-delivered a cease-and-desist notice to the agency's headquarters. David M. Michael, Monson's attorney, asked the DMV to declare that it would, as a policy, "not make any attempts to adversely affect the driving rights of any other California driver based solely on that driver's status as a lawful medical cannabis user pursuant to California's Compassionate Use Act." He said that the treatment of her was unconstitutional, illegal and an abuse of authority.
More about Raich v. Ashcroft
The DMV has postponed the hearing and launched an internal investigation of the case after Monson and her lawyer hand-delivered a cease-and-desist notice to the agency's headquarters. David M. Michael, Monson's attorney, asked the DMV to declare that it would, as a policy, "not make any attempts to adversely affect the driving rights of any other California driver based solely on that driver's status as a lawful medical cannabis user pursuant to California's Compassionate Use Act." He said that the treatment of her was unconstitutional, illegal and an abuse of authority.
More about Raich v. Ashcroft
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