cannabisnews.com: Marijuana Farmer Wants His Crop Back Marijuana Farmer Wants His Crop Back Posted by CN Staff on November 04, 2002 at 18:26:39 PT By Janice Rombeck, Mercury News Source: San Jose Mercury News Arguing that drug enforcement agents had no authority to raid a Davenport medical marijuana farm, an attorney on Monday asked a federal judge to order the 167 plants be returned to the operators.Gerald Uelmen also asked for the return of a video, a photo album and documents taken during the Sept. 5 raid on a farm run by Michael and Valerie Corral for the Wo/Men's Alliance for Medical Marijuana. U.S. District Judge Jeremy Fogel heard arguments from Uelmen and Mark Quinlivan, a Washington attorney representing the U.S. Drug Enforcement Administration, which ordered the raid. The Corrals were never charged with a crime.Fogel said after the 30-minute hearing he would issue a ruling as soon as he could. Attorneys believe it may come in a couple of weeks.The Corrals filed a suit last month to get back their confiscated cannabis arguing that the alliance is a cooperative that grows the marijuana for its members, people who are terminally ill and covered under California's Proposition 215 approved by voters in 1996.Federal drug law enforcers maintain that the raid was legal and that returning the pot would risk the illegal drug being sold on the streets. Quinlivan said, however, that the video, photos and documents could be returned within the week.At issue on Monday was whether the federal government overstepped its authority under the 10th Amendment to regulate interstate commerce. Because the alliance members grow marijuana for their own use, there is no distribution across state lines and no commercial activity, Uelmen said at the hearing.``This case is unique,'' he said. ``They are a cooperative venture growing their own. The federal government came in and took medicine out of the hands of the patients.''Quinlivan disagreed. ``We don't agree that there is no distribution,'' he said. ``There are caretakers coming in. We do think there is distribution.''WAMM grows and distributes free marijuana to 250 patients with AIDS, cancer and other diseases who have written approval from their doctors. WAMM has operated under an agreement with the Santa Cruz County sheriff's office since Proposition 215 was approved.Without marijuana, Uelmen said, patients are ``condemned to a more painfully agonizing death.''After the hearing Valerie Corral said she was encouraged. The suit was a necessary ``next step'' in advocating for medical marijuana use. ``It's going to be a long journey but one we're prepared for,'' she said.Uelmen lauded a federal appeals court ruling last week that found it unconstitutional to punish a doctor who recommends marijuana to patients because it violates the First Amendment and interferes with the doctor-patient relationship. The suit was filed by the American Civil Liberties Union on behalf of a group of Northern California doctors and patients.``There's a broader battle to be fought in Congress,'' Uelmen said, ``But step one is to recover the rights of patients to grow their own medicine in their own back yards.''Source: San Jose Mercury News (CA)Author: Janice Rombeck, Mercury NewsPublished: Monday, November 04, 2002 Copyright: 2002 San Jose Mercury NewsContact: letters sjmercury.comWebsite: http://www.sjmercury.com/ Related Articles & Web Sites:WAMMhttp://www.wamm.org/News Articles -- WAMM Raidhttp://freedomtoexhale.com/valc.htmLawyers Argue for Return of Pot to Couplehttp://cannabisnews.com/news/thread14659.shtmlMenace or Medicine? - Santa Cruz Sentinel http://cannabisnews.com/news/thread14648.shtmlSanta Cruz Marijuana Farmer Sue Fedshttp://cannabisnews.com/news/thread14235.shtml Home Comment Email Register Recent Comments Help Comment #13 posted by Nuevo Mexican on November 05, 2002 at 23:26:31 PT Happy New Moon Birthday FOM!!! The day after my wifes! and on a New MooN This year indicates the beginning of a 28 year cycle, and the end of a 28 year cycle as well! You get lots of support from the UNiverse this year, as long as you are willing to let go of things you've held onto. Things that don't work for you or inspire. Eliminating, healing, fixing, solving and not letting others drain your psychic battery will all be facilitated! And that means great things will come to the cannaabis movement as well! Mexico was great, weird to come back to the police states of america, and the world of 'anality' on election day. Probably another rigged election, after the Wellstone hit succeded.... looks like those people elected my not be there for long, due to instant change for those put into office. It will be interesting to watch the negatives turn to our favor over the very near future! LIke immediately, as it is in the stars, major change, that is! [ Post Comment ] Comment #12 posted by FoM on November 05, 2002 at 09:40:05 PT dddd & JHarshaw dddd, I think you are special too. I know you and DdC are real hippies and I am a hippy on the inside. Always be who you are and don't try to change because that would be wrong.JHarshaw thank you! I sure hope we win today. It will be late until we know anything but I will stay up until the votes are in and we know. [ Post Comment ] Comment #11 posted by herbdoc215 on November 05, 2002 at 08:53:55 PT Charles McDowell got 1.6 lbs. back on Watson's... order in 1998 in December. And he actually got it! That has to be one of the happiest days of my life, we smoked and smiled all day! He was living/working with me and Lucy at club then and his caregiver was busted by CHP in Arcata with a 1/2 lb. of bud and a lb. of trim for hashmaking in Chuck's truck.. Judge Watson ordered charges against guy dropped and weed returned. Well they jerked him around for awhile (In truth I told him he was crazy, never get it I said... Chuck stuck at it and I'll be damn if he didn't get it, shows what I know) but we all danced a jig to the weedgods that nite. Because we were behind the redwood curtain I don't think it got much more than local coverage. Wasn't long after though that Mel Brown retired and this crystal night started for us when we lost our refuge. We badly need places in world now were we can find shelter from this storm, Rome is gaining power over entire world and this little machine here is making it harder to find peace everyday. Steven Tuck [ Post Comment ] Comment #10 posted by JHarshaw on November 05, 2002 at 08:04:43 PT Congratulations Happy Birthday FoM. I wish you the best of the day....and tomorrow as well!Love Jubal. [ Post Comment ] Comment #9 posted by TroutMask on November 05, 2002 at 06:49:03 PT The shot heard round the world? Two weeks. The ruling is expected by this federal judge in about two weeks. If this judge determines that the DEA has no constitutional right to seize this marijuana, it will be the newest "shot heard round the world."-TM [ Post Comment ] Comment #8 posted by dddd on November 05, 2002 at 00:02:23 PT ....FoM...... ...A special Happy Birthday ....to you ....from me!....................You're the BEST!..................LoL.......dddd.....pppp.....qqqq.....bbbb [ Post Comment ] Comment #7 posted by DdC on November 04, 2002 at 23:20:40 PT I thought there was another local S.C. case too? I remember a quad patient in Santa Cruz County busted with 164 plants and the judge ordered them returned...Sister Somayah had her plants returned...Has she returned since the latest gestapo pillage?--- kevin hemp.net wrote: To: hemp-talk hemp.net Date: Sun, 17 Feb 2002 15:36:06 -0800 (PST) From: kevin hemp.net CC: november-l november.org Subject: HT: Sister Somayah UpdateThis is a forward from the Compassionate Moms list...KevinSister Somayah went into the hospital Friday with her sickle cell anemia since she has been arrested for growing medical marijuana, apparently denied its use pending trial, and they have her on morphine instead of pot! Will she die as a result of this illegal prosecution like Peter McWilliams? Somayah has been in the West LA VA hospital before for treatment for this condition. Why does the law push her towards hard narcotics like morphine for treatment instead of medical cannabis/marijuana which serves her better? We need to make a bigger deal out of her case! Governor Davis has let down the medical marijuana patients of California by not defending their rights per Prop215, not only against the Feds on this issue but here in Somayah's case under State law. Should he get re-elected Governor of California this November? In 1998 Somayah was busted for 35 plants and in later court victory (under 215) the cops had to give her plants back. This time they busted her growing 32 plants and have added bogus charges under drug-house (crack-house) laws and other charges including for hash-oil knowing that she was just pressing hempseed oil, for therapeutic medical value to help her immune system. She has a public defender who doesn't know squat about this issue and reports for trial slated to begin Feb.28 under CA STATE charges, not federal, in spite of CA prop215. In the middle of the night of her bust with dark figures in her backyard in South Central LA she made a recorded 911 call saying she and her plants were legal. She said the 911 operator said they knew she was legal but it was the cops outside right then tearing out her plants! A search of the LA Times website today by Somayah yielded no results and the article at below original Times url is no longer posted there. What gives? Expunged by the Times? Because she is a medical patient or a South Central LA African American woman involved as a teenager with the Black Panthers?LA Jury Acquits Sister Somayah of Medical Marijuana Charges http://www.canorml.org/news/somayahacquitted.html [ Post Comment ] Comment #6 posted by DdC on November 04, 2002 at 22:55:54 PT Judge Orders Return of Marijuana...1999 http://www.cannabisnews.com/news/8/thread8029.shtmlDecember 16, 2000 at 13:18:44 PT By Rhonda Parker, The Times-Standard Source: Times-Standard For the first time in Humboldt County history and possibly in California history, a judge has ordered that medical marijuana seized by law enforcement be returned to the owner.Judge Bruce Watson ordered the Humboldt County Sheriff's Department to return less than an ounce of marijuana to Chris Robert Giaque, a medical marijuana patient arrested during a traffic stop in Garberville in April 1999. snipped...continued http://www.mapinc.org/drugnews/v00.n1886.a04.htmlReplies from Steve Tuck and kaptinemo canews addy top, art snipped...full story at mapinc addy directly above...The Cannabis Times JUDGE ORDERS RETURN OF MMJ http://www.thecannabistimes.com/tct_archives/2000_volume_2_issues_16-27/december_2000_volume-2_issue-27.htmEureka, California, USA - For the first time in Humbolt County history a court judge has ordered the return of medical marijuana back to it's rightful owner. Judge Bruce Watson ordered the Humbolt County Sheriffs Department to return less than one half ounce (12.25 grams) of cannabis back to Chris Robert Giaque. Giaque, 35, was arrested during a routine traffic stop in 1999 and was found to be carrying his medicine in a plastic container. He also carried the I.D. card identifying him as a legal medicinal marijuana user under California's Proposition 215. Even so, Giaque was arrested and charged with marijuana transportation, with charges for disturbing the peace and resisting arrest added after he protested. After pleading guilty to disturbing the peace (Giaque's record will be cleared after completing probation), Giaque's attorney filed a request for the return of Giaque's medicinal marijuana, arguing that "A diabetic can transport their needles. Why can't medical marijuana patients take their medicine with them?". Judge Watson ordered the return of the cannabis in mid-December, stating that federal law does not pre-empt California voters from approving the use of medicinal marijuana and that under Proposition 215 "some level of transportation must be contemplated."State keeps pot, centers closed http://www.northcoastjournal.com/053101/news0531.htmlThe most contentious ounce of pot in Humboldt County history will remain in government possession pursuant to a May 23 decision by U.S. Disrict Court Judge Charles Legge.Legge ruled that Sheriff Dennis Lewis must give an ounce of pot that has been the subject of litigation to the state justice department. Lawyers for registered medical marijuana patient Chris Robert Giaque sited Proposition 215 in an effort to have the seized cannabis returned .Giaque won the first round of court battles in January when Humboldt County Superior Court Judge Bruce Watson ruled Lewis had to return the marijuana. Legge's ruling sends the marijuana to the state justice department without specifically ruling on the appeal to Watson's ruling.In related news, both of Humboldt County's medical marijuana distribution centers have shut down pursuant to a May 14 Supreme Court ruling that distribution of medical marijuana conflicts with federal law. The court ruled that claims of medical necessity on patients' parts do not outweigh explicit prohibitions on the distribution of marijuana.As of press time, both the Humboldt Medical Cannabis Center and the Humboldt Patient Resource Center were closed. The court ruling did not specifically address medical marijuana usage, so individual patients are not yet liable for prosecution.Sheriff rejects judges order to return pot http://www.mapinc.org/drugnews/v01.n567.a07.htmlTop Story: The Steven Tuck Defense Fund. http://www.marijuananews.com/news.php3?sid=588 He Must Be Not Abandoned By This Movement, Or The Movement Is Morally Bankrupt. Richard Cowan [ Post Comment ] Comment #5 posted by FoM on November 04, 2002 at 20:38:14 PT lookinside & afterburner Thank You! Today was a good day but a little sad because we found out a friend died yesterday. I guess that's why each day is special and it should be treated like a birthday for those we love everyday. Our friend was two years younger then me and never did any drugs, cigarettes or alcohol. He was our family lawyer too. As far as tomorrow goes I'm very nervous. It's like if you ever competed in any sports you work hard but the day before an event you can't change anything. It's too late and you hope you got it all together. That's how I feel tonight. No more can be done but wait, hope and pray if you believe it will help.FoM means what you said afterburner but most times I say it means! Ta Da!Freedom of Mind! [ Post Comment ] Comment #4 posted by FoM on November 04, 2002 at 20:29:55 PT Salon Premium Article Bush's Reefer MadnessTerrified that an increasingly pot-tolerant America will spell the end of their moral crusade, the president's anti-drug warriors are making a last stand over marijuana.By Louise WittNov. 5, 2002 The new front in the nation's drug war came into sharp focus at 7 a.m. on Sept. 5, when loud shouts and stomping woke Valerie Corral at her home north of Santa Cruz, Calif. Suspecting that the intruders weren't ordinary burglars, she snuck out a back entrance and walked around to her front door to tell them to leave. When she opened the door, stunned federal agents in flak jackets trained M-16s on the 50-year-old homeowner. When she asked to see a search warrant, the officers screamed at her to get down. They pushed her to her knees, then forced her to lie face down on the floor. With her hands handcuffed behind her back, an officer pressed his rifle muzzle to the back of her head. Valerie Corral tried explaining to the agents (there were about 30) that she and her husband, Michael, 53, ran Wo/Men's Alliance for Medical Marijuana, a legal cooperative in California that has grown the drug for 250 terminally ill and sick patients, many with cancer or AIDS, for almost nine years. Twenty-two of their clients have died in the past 12 months -- but to the officers from the U.S. Drug Enforcement Administration, that didn't matter. The DEA took Valerie, still in green silk pajamas, and Michael to federal detention center in San Jose. Under the Federal Controlled Substances Act, marijuana is a Schedule 1 drug -- dangerous and with no possible medicinal value -- right up there with heroin. Not only did they uproot and seize 167 marijuana plants, but they also confiscated the co-op's patient list. "We do not target drug users," insists Will Glaspy, a DEA spokesman in Washington, D.C. "We target drug-traffickers. There is no such term as medical marijuana, except as created by the marijuana lobby." In California and other states -- including three that will feature marijuana initiatives on today's ballots -- the marijuana lobby happens to be the voters. In the last year, especially, the Bush administration has renewed the war on marijuana with a vengeance -- only this time, it is a war that pits the federal government against the majority of the American people, and sometimes against state and city officials and even local police officers. http://www.salon.com/news/feature/2002/11/05/drugwar/index_np.html [ Post Comment ] Comment #3 posted by lookinside on November 04, 2002 at 19:52:54 PT FoM: Happy Birthday! And thank you for your tireless efforts. I wish I had your energy and dedication. You are very special.I voted absentee about 3 weeks ago. I'm afraid incumbents fared very poorly on my ballot. I couldn't find one I felt comfortable voting for. [ Post Comment ] Comment #2 posted by afterburner on November 04, 2002 at 19:33:12 PT: Happy Birthday, FoM (Friend of Marijuana?) Martha, let me add my best wishes on your birthday, and many thanks for your tireless efforts on behalf of pot prisoners, weed activists, and marijuana patients. ego destruction or ego transcendence, that is the question. I voted already and, like you, am eagerly awaiting the results tomorrow.Love and Peace.Refresh. Realize. Re-legalize.Vote. Vote, vote; vote: vote. Take someone to the polls."He [or she], who fights and runs away, lives to fight another day," Bob Marley. [ Post Comment ] Comment #1 posted by FoM on November 04, 2002 at 19:19:43 PT KRON-TV Video On WAMM from Hearing Today Fate of Med Pot Plants Considered A judge is considering what to do with 167 seized marijuana plants. Fate of Med Pot Plants Considered Posted: November 4, 2002 SAN CRUZ (KRON) -- A federal judge in San Jose, is trying to decide what to do with 167 marijuana plants. The plants were taken from a Santa Cruz medical marijuana co-op in September and the owners want them back. Valerie and Mike Corral left San Jose's federal court----after asking for the return of medical marijuana seized by federal agents.Video: http://www.kron4.com/Global/story.asp?S=999194&nav=5D7lCBmO [ Post Comment ] Post Comment