The defendant, appearing specially by her attorney and reserving her right to challenge the court's jurisdiction, moves the court for an order dismissing this action. This motion is brought pursuant to 971.31(2) and (5), Stats.

This motion is brought on the grounds that defendant is authorized to possess THC as contained in marijuana by 961.32(2) (c), which states:

(2)   The following persons need not be registered under federal law to lawfully possess controlled substances in this state:        (c)   An ultimate user or a person in possession of any controlled substance pursuant to a lawful order of a practitioner....

In support of this motion defendant states that she uses THC as contained in marijuana or cannabis for therapeutic purposes and upon the recommendation of practitioner Michael Alcalay, M.D., pursuant to 11362 of the Health and Safety Code of the State of California.  Exhibit A is attached in support of this statement.

Therefore, defendant is not subject to prohibitions or penalties under 961.41(3g) (e), Stats., which would otherwise proscribe possession of THC.

This motion is brought pursuant to defendants rights under Article IV, sections 1 and 2, and the 5th and 14th Amendments to the United States Constitution; and Article I, sections 1 and 8 of the Wisconsin Constitution. 

Dated January 19, 2007
          /s/
Bryon J. Walker
Attorney at Law
State Bar # 01001112
101 North State Street, Suite 3
PO Box 10
La Farge, Wisconsin 54639
(608)  625-4321

KAY LEE'S CASE NUMBER 07 CM 69
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