County of Santa Cruz, Cal. v. Ashcroft

ORDER GRANTING PLAINTIFFS’ MOTION FOR RECONSIDERATION

Plaintiffs seek reconsideration of this Court’s decision denying their motion for a preliminary injunction and granting Defendants’ motion to dismiss the instant action with leave to amend. The motion for reconsideration is opposed. The Court has read and considered the papers submitted by the parties and has considered the arguments of counsel presented at the hearing on March 31, 2004. For the reasons set forth below, the motion for reconsideration will be granted.

I. BACKGROUND

The factual and legal background of the present motion, as set forth in this Court’s earlier published opinion, is as follows:

Plaintiff Wo/Men’s Alliance for Medical Marijuana (“WAMM”) is a collective hospice organization located in Davenport, California that maintains an office in Santa Cruz, California. See Declaration of Valerie Corral in Support of Plaintiffs’ Motion for Preliminary Injunction (“Corral PI Decl.”), ¶ 10. It has approximately 250 member-patients who suffer from HIV or AIDS, multiple sclerosis, glaucoma, epilepsy, various forms of cancer, and other serious illnesses. See id. The vast majority of WAMM’s members are terminally…