cannabisnews.com: Judge: No Medical Pot Return Judge: No Medical Pot Return Posted by CN Staff on December 06, 2002 at 10:58:27 PT By Brian Seals, Sentinel Staff Writer Source: Santa Cruz Sentinel A local medical-marijuana cooperative on Wednesday vowed to press on with its courtroom fight to get its confiscated pot back after a U.S. District Court judge denied the request.The Wo/Men’s Alliance for Medical Marijuana filed suit against the federal government Sept. 24, seeking return of the marijuana plants that were confiscated by federal agents Sept. 5 at the Davenport residence of alliance leaders Mike and Valerie Corral. U.S. District Judge Jeremy Fogel rejected the request in a ruling dated Dec. 3, but ordered other items seized during the raid, including a laptop computer, an instructional video and firearms, returned to the Corrals.The ruling was not a surprise to the cooperative’s attorneys, who said they expected the case to wind its way to the appellate level."We’ve always assumed we’d be in front of the U.S. Supreme Court on this," said Santa Cruz attorney Ben Rice, who represents the cooperative along with Santa Clara University law professor Gerald Uelmen.Fogel’s opinion said the court was bound by previous 9th Circuit U.S. Court of Appeals and Supreme Court rulings.Among the opinions cited was a 1990 case in which the 9th Circuit ruled that Congress can regulate "intrastate criminal cultivation of marijuana plants found rooted in the soil."However, the opinion seemed sympathetic to the cooperative’s cause."Nothing in this order should be construed as indicating how this court would rule with respect to the movant’s arguments were it free to do so," Fogel wrote in a footnote.DEA spokesman Richard Meyer said the agency was pleased with the ruling. "We remain determined to protect the community from dangerous drugs, and marijuana is a dangerous drug," Meyer said. That has been the federal government’s position during the medical marijuana debate, placing it at odds with California voters, who in 1996 approved medical pot use by state residents upon a doctor’s recommendation.State judges have been more willing to order medical marijuana returned. Just this week, a judge in San Luis Obispo ordered the return of 8.2 grams of marijuana to man who had a prescription for it from his doctor to use pot.In Santa Cruz County, the Wo/Men’s Alliance for Medical Marijuana has more than 200 members and has worked with local law enforcement.Valerie Corral said she wasn’t discouraged by the ruling, but would rather be focusing on cooperative members."We should be doing our work with people who are facing death," Corral said.The September raid sparked outrage in Santa Cruz County and among medical-marijuana supporters statewide. High-level politicians like state Attorney General Bill Lockyer and U.S. Rep. Sam Farr also issued statements critical of the raid.The Santa Cruz City Council responded to it by allowing the cooperative to dispense medical marijuana to about a dozen of its members on the steps of City Hall, a move that garnered national press attention. Source: Santa Cruz Sentinel (CA)Author: Brian Seals, Sentinel Staff WriterPublished: December 5, 2002Copyright: 2002 Santa Cruz SentinelContact: editorial santa-cruz.comWebsite: http://www.santacruzsentinel.com/Related Articles & Web Sites:WAMMhttp://www.wamm.org/News Article -- WAMM Raidhttp://freedomtoexhale.com/valc.htmPictures from WAMM Protesthttp://freedomtoexhale.com/eventpics.htmMarijuana Farmer Wants His Crop Backhttp://cannabisnews.com/news/thread14661.shtmlLawyers Argue for Return of Pot to Couplehttp://cannabisnews.com/news/thread14659.shtmlMenace or Medicine? - Santa Cruz Sentinel http://cannabisnews.com/news/thread14648.shtml Home Comment Email Register Recent Comments Help Post Comment