Pre-planned Legal fight ?

[1 Last Song]

Has the CH community ever thought about a pre-planned legal fight to defend someone that had been charged with possession of any of these MEDICATIONS ??

 

I was just wondering if the CH community and/or organizations have ever stepped in to help someone that took or had in their possession MM (Or another alternative med)?  I read in a thread somewhere that a man was arrested, charged, and eventually plead guilty to a lesser felony charge which left him on probation for years and ended up costing him alot of money. He posted that he wished he would've fought it against it tooth and nail because it was a MEDICATION that helps him.

 

I personally know of some doctors, neurologist, and other 'headache specialist' that 'Unofficially' support the use of these MEDICATIONS for the treatment of cluster headaches. Some of these doctors are very well known and highly respected individuals. Are there any lawyers that believe in this and would be willing to step in to help that person PROVE that they had this for MEDICAL PURPOSES ??

 

I think a legal fight WITH THE HELP AND SUPPORT of fellow clusterheads, lawyers, and doctors might be a way to gain big time attention and awareness to cluster headaches and the treatment, or lack there of. It may even open the door for further studies into this as a real and LEGAL way to treat clusterheads.

 

Opinions ??

 

And BTW, NO, I'm NOT in any legal troubles nor do I intend to be to unless I a had a bandwagon of support up front. If I had that kind of support, I'd risk it to raise awareness, to possibly help others, and to possibly change the law about using this as a MEDICATION.

[ThatHurtsMyHead]

1LS,

 

Only speaking for myself.  So far as I know no one using 'our' medicine exclusively for treating our CH has been prosecuted.  IMHO, bringing unnecessary attention to ourselves would likely bring more negative attention than positive.  There are many more naysayers that don't have the first clue about how bad CH is, would say we need to take an aspirin instead.  Most of the world is too close minded, and narcissistic in my opinion.

 

J

[Dallas Denny]

I agree with J here....and I'm not aware of anyone that's ever been busted and prosecuted for "busting....all that bein said, I think our worldwide community has become so robust in the past several years that in the event that someone did get busted, that the community would rally to finance whatever the best defense was.

[Pebblesthecorgi]

Better to put funding in to research demonstrating efficacy than fueling pockets of a litigious action.  The government has way too deep of pockets to fight and a Court type situation.  There are a few things stronger than reproducible data  to substantiate a claim.  That said, there'll always be unreasonable, close minded, zealot-type buttheads who will reflexively diminish an idea that challenges their unsubstantiated bias.  Best to keep a low profile and communicate success than get all up in the governments face.  (opinion only)

[CHfather]

Some will remember a guy who showed up here a few years ago asking for $ for legal fees after his arrest, claiming to be a buster. Turned out he was a serious dealer.

The thing about a lawsuit (which is very unlikely for someone who's not dealing, but of course not impossible) is that while it might bring publicity, it couldn't set a legal precedent making it okay to grow and/or use banned substances to treat CH.  The jury could "nullify" the law and find the defendant not guilty, but the law would still be the law, and if there was a next person, s/he would have to again to hope to win over the jury.  There were lots of jury nullification cases for medical marijuana, for example (with people freely admitting that they grew and smoked mj to treat medical conditions and the jury returning not guilty verdicts), but each one was a crapshoot for the defendant until the laws were changed.I woul

 

I would hope, as Denny says, that the busting community would come to the aid of anyone who was arrested and wanted to fight it.  That's a lot of $, though.

[zgreek]

Just today I was speaking to a V.P. of Business Development for hospital chain here in CA. She is a friend. She related a story of a neurologist she knows personally who is in jail now for "advising" and or helping a cluster patient obtain our special medication.

I believe that this is a "crapshoot". Just hope THEY understand that this IS medication.

[Psiloscribe]

This topic has been discussed for 15 years. It may have been more helpful 15 years ago but we are at the point now that it would not help and could hurt.

 

Most of the reasons have been noted. One note, jury nullification is nice if you can get it. The problem is with federal law, you can not use any evidence for defense that explains WHY you did it. If people could, there would be a LOT more jury nullification. In some cases, even if I was on the stand defending myself and I mentioned I had cluster headaches, the prosecutor could ask for a mistrial.

This is why people used to get life sentences for stealing a loaf of bread to feed their starving children. In some jurisdictions,  the price of a loaf of bread can put you into felony range and you'd be charged with grand theft. (just a sad side note to explain the slippery slope of American justice)

 

We will be opening a psilocybin study for clusters very soon. Weeks, months? days? Very soon. We've come a long way and are really at the point that the progress we've made could be harmed and publicity of this sort now wouldn't move the needle to far forward.

There are many other reasons its not a good idea and I hope we never have to defend someone.

 

As to the previous post regarding someone in jail now, I'm very surprised to hear of this and even more that the first I would hear of it in 3rd hand in the message board.
​

Can you Zgreek, either have this friend of yours contact me or get me some contact info. She can write to me at bob@clusterbusters.org


Bob Wold
 

[1 Last Song]

Thanks for all of your comments. I agree with you all too. No unnecessary attention involving a legal fight would help the cause or further the studies ... but I wanted to ask what you all thought.

 

Pain free wishes everyone.

 

1LS

[Psiloscribe]

Just a follow up on the post above regarding a neurologist being jailed.

 

After further investigation,,,,,,,nevermind. ;-)

​I may pull the post later on but wanted everyone to know that it appears that there is no connection to psychedelics.

 

That is all. ;-)

​Bob

[Pebblesthecorgi]

Thank you for fact checking.  I would have been amazed if it were substantiated.  Such conversation has historically been protected with the possible exception of reproductive options.

[filacibin]

this matter is going to become real in a big way,and soon ,therefore we have to be prepared!when they come knocking,and they will,that is when are defence will be so explosive to any half sencible judge or jury they simply could not turn away from the truth.!that is what i believe ,.i live in a police state so know first hand how are system" political and legal" works only against us of an horrific disorder!,i have made my choice if comes to it,"fight it "present the somewhat "shocking facts"!let the jury decide ,or judge,but they would face future critics,!would they not be aware of that!food for thought aye!wish could add more but not as educated as well as the good fellas on here,sorry ,my school was miles away from yours!ha,i so much appreciated being in touch with you guys ,thanks.

[1 Last Song]

I wouldn't get any form of treatment in a jail cell ... and that would suck even worse !! I'll pass on that for now. Getting slammed as it is.

[filacibin]

snap mate !just the thought of no access to are most needed medicine,all said .one of us will have to face the legal crap at some point.!

i am a very private person dont do social media,this is the only site i have responded to, you fellow folks on here has really boosted my

confidence in many ways included the thought of taking on the legal issues that we will all someday will come to face, and may i add i so much 

appreciated the comfort i have found with you guys ,thank you all

[1 Last Song]

After reading the others' comments, I tend to believe them and believe that the odds would be stacked against a person with so many people that are just plain anti-drug, even when they don't know the science and the facts.

 

I don't ever want to draw any unwanted bad attention towards us clusterheads, towards the alternatives, or towards this site or others that support us. I would NEVER do that. I'd rather plead the 5th and take the punishment than to cause any negative effects towards anyone here, there, etc...

 

I don't think I'm on anyone's radar and I've always been 'low-key'. This is the ONLY place I discuss these matters. I only have a couple of family members that know what I'm doing and they are all 100% for me doing anything that I have to do to help stop and/or prevent my cluster attacks. They see what an attack does to me and they support me doing anything I can do to stop these even if the law doesn't want me to do it. They know I'm not doing this for recreation or for money or for any other reason. It's come down to what Dan said in his documentary : It's suicide or psychedelics.  (I think that's the exact quote). For the record,  I DO NOT want to commit suicide. I am NOT suicidal. I DO NOT want to die yet. I want to live as 'normal' as I can. I want to be there for my family and friends. And maybe someday, after I get my own clusters under control, I can "Pay it forward" and give back to this community that is helping me so much. Just sitting here and doing nothing about my clusters and suffering multiple attack everyday is NOT an option for me. I would not make it that way.

 

So, for now, I hope that NOBODY get's into any troubles regarding this and if anyone does, I hope they do not mention this place or anyone here. The time's just not right yet. Maybe some day (Hopefully someday soon) .. the time will come when we can push harder for more studies and legalization for medical purposes. If someone gets into troubles and this place and everyone here agreed to fight with them, I'd be willing to travel wherever I'm needed for my testimony or possibly pitch in for legal defense .. but I would ONLY do it as a part of a whole group.

 

Peace and pain free wishes to you all !

 

1LS  :-)