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Briana Bilbray, San Diego Marijuana Dispensaries Seek Injunction to End Federal Crackdown

Papers seeking the injunction were filed in federal court Monday. Bilbray, 25, has melanoma cancer. Her brother is an Imperial Beach city councilman and her father is a U.S. Congressman.

Updated 6:02 p.m.

Cancer patient Briana Bilbray and local medical marijuana cooperatives on Monday filed for an injunction to stop a federal crackdown on marijuana sales.

Attorney Matt Kumin, who filed for the injunction, said the goal is for the U.S. Justice Department and U.S. attorneys "to stop threatening folks who are in compliance with state law."

The filing comes a month after the Justice Department pledged to crack down on California's commercial marijuana cooperatives and dispensaries.

Plantiffs in the case include four medical marijuana cooperatives from across San Diego and 25-year-old Imperial Beach resident Briana Bilbray. Bilbray's brother, Brian Patrick Bilbray, is an Imperial Beach city councilman and her father, Brian Bilbray, is a U.S. Congressman representing California's 50th District and a former mayor of Imperial Beach. 

Bilbray has Stage 3 melanoma cancer and opposed the earlier this year. 

"Before I had cancer I thought it was people just trying to get it legalized," she said. "That changed pretty much once I realized that it really did work and it was a legitimate way to get nausea to go away." 

Ultimately she would like to see more discussion on the federal side about marijuana's medicinal benefits.

Bilbray said she also chose to "stand up for it" to ensure she and other patients have access. 

"My cancer has a 40 percent chance of reoccurrence and I'm really nervous I'm not going to be able to get it [marijuana], cause the nausea's just unbearable," she said.

, she said she bought $200 worth of nausea reducing medicine that provided her no assistance. In contrast, she said one dose of medical marijuana relieves her for an entire day.

"You have no idea. It is like the difference between night and day for chemo patients," she said. "Not only are you infringing on my right as a California resident to obtain the medicine I need, but you are punishing me by making it more difficult to get the one thing I really need.

"It is one of the worst feelings imaginable," she said.

Regarding her family's opinion on her being a party to the injunction, Bilbray said they're still skeptical.

"They believe me that it works but there's such a negative image in everyone's head in general about marijuana. They still have that but they support me in what I want to do," she said.  

In a statement released by the Congressman's office Monday, Brian Bilbray said, "Karen and I raised our children to be strong individuals who think for themselves. I respect my daughter’s right to fight for what she believes in based on her personal experiences. We may not agree with our children on every issue, but Karen and I are very proud parents.” 

Imperial Beach Councilman Brian Patrick Bilbray voted against city of Imperial Beach efforts to limit marijuana dispensaries earlier this year and agrees with his sister's call for an injunction.

"I'm supporting her 100 percent. I'm proud of her. She's definitely taking a stand most people won't," he said.

Defendants in the case include U.S. Attorney General Eric Holder, Southern District of California U.S. Attorney Laura Duffy and a Drug Enforcement Administration official.

Among reasons for the injunction, the document states the federal government’s actions violate ninth, 10th and 14th amendment constitutional rights, the Commerce Clause and matters previously decided in other court cases.

Last week, Americans for Safe Access filed a lawsuit against the Department of Justice in an attempt to get the federal government to honor local and state medical marijuana laws.

Local Americans for Safe Access activist Marcus Boyd asked Briana Bilbray to be a party to the injunction. 

"I'm just happy I was able to put her in touch with a team of attorneys that were willing to go after the federal government," he said.

"I'm proud of Ms. Bilbray's courage to stand up against the federal government's meddling in state medical issues," he said. " And I'm hopeful that either the Americans for Safe Access lawsuit or this one is able to prevent the federal government from carrying out their threats against providers."

doh doh March 22, 2012 at 04:58 PM
yeah baby
Ken May 16, 2012 at 04:34 PM
I think Briana is the one Bilbray that should be in office.
Ken May 16, 2012 at 04:47 PM
Thanks for that information, Ed. Totally absurb. I believe that there has finally been a bill introduced that would reduce marijuana to a Class III drug from a Class I drug, something that Ronald with the Rayguns' adminstation did at the federal level to save us from this deadly vice some years ago. Thank you for your service to our country. My grandson (12) made a model of the Korean War memorial for his History Fair this year. He just got back from Washington D.C. where he saw the memorial up close and personal. He said it was the most awesome thing he saw on his one-week tour. He said that it was almost dark and raining at the time (the figures are dressed with rain poncho's on) and their shear size (8') made the event breath taking.
Joe Theragman October 28, 2012 at 06:38 AM
If there is anyone reading these comments ask Briana Bilbray to visit Rick Simpson's site at www.Phoenixtears.ca. There she can watch the movie, "Run From The Cure" and read many testimonials on the Curing Cancer power of the Hemp Oil with THC made from Cannabis. Yes, smoking it will alleviate your nausea, but the real HEALING power is in the pure Hemp Oil derived from the plant. I faxed similar information on this to her dads office and his online contact me tab. Most likely he will never see it, so I am posting some info here.
Joe Theragman November 02, 2012 at 06:37 PM
Briana Bilbray, if you read my comments and visited the Phoenixtears site leave me a message and we will find a way to get together so I can answer any other questions you may have on using the Phoenixtears Hemp Oil to treat your cancer. Everything you need to know about the Hemp Oil possibly curing your cancer is shown on the site including how to make the hemp Oil. I am not a doctor nor am I a medical professional of any sort. I only can say what it has done for me. The way I look at it Briana, is "what do you or anyone with CANCER have to loose" to try it? I have CLL Leukemia and the Phoenixtears Hemp oil is lowering my White Blood Cell Count to it being at Stage 0. Before I came across Rick Simpson and Phoenixtears on YouTube, I had been diagnosed with "Bowens Squamish Cell Carcinoma" on my left fore arm. My Dermatologist cut it out and I had to put some anti Biotic Cream on the wound and a bandage. I also Put a drop of Phoenixtears Hemp Oil on the wound also. I repeated this three times. The doctor was amazed how fast and completely the wound healed. When I was using the Chemo Cream on my left forearm, It got me very sick to my stomach and I had Nausea Until I either ate Edibles or used the Hemp Oil. That completely took away my Nausea and I got complete nights of sleep. I hope my story will be encouragement and a help to you and others suffering from Cancer. Rick Simpson stated, "I do not know of any form of Cancer that Hemp Oil will not cure".

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