When the court clerk finally called our case, the judge almost immediately called the attorneys to a bench conference, where he quickly indicated he would not have the time to hold this evidentiary hearing, but that he would refer the case to another judge in another courtroom, and we would have our evidentiary hearing that very day.

Attorney Matt Feinberg; law student Brendan Hickey; Co-Defendant Rick Cusick; Lester Grinspoon, M.D.; Co-Defendant Keith Stroup; Professor Charles Nesson; and Keith Saunders, Ph.D.

We had actually filed a motion to dismiss the case, based on our allegation that the marijuana laws are unconstitutional, and we had requested a full evidentiary hearing where we could call a number of witnesses to make our case. We had expected that the 30-page affidavit from Lester Grinspoon, M.D., would be sufficient to convince a judge to schedule an evidentiary hearing in 30 or 45 days. We were certainly not anticipating holding a hearing that very day, nor would we expect the government would be ready to hold such a hearing without some time to prepare their case.

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