cannabisnews.com: Santa Cruz To Sue Feds Over Medical Marijuana Raid Santa Cruz To Sue Feds Over Medical Marijuana Raid Posted by CN Staff on April 21, 2003 at 20:23:47 PT By Martha Mendoza, AP National Writer Source: Associated Press Santa Cruz, Calif. -- In hopes of stopping federal agents from again raiding a farm that provides marijuana to sick and dying people, Santa Cruz officials said they will file a lawsuit against Attorney General John Ashcroft and the Drug Enforcement Administration.Attorneys representing the city and county of Santa Cruz, as well as seven medical marijuana users, said Monday they plan to file the papers Wednesday in San Jose federal court. "The city of Santa Cruz wants to prevent raids on medical marijuana. This is a public health issue to this community," said Santa Cruz City Attorney John Barisone on Monday.The lawsuit comes in response to a DEA raid last September at a small pot farm located on a quiet coastal road about 15 miles north of town. Agents uprooted about 165 plants and arrested the owners, Valerie and Michael Corral.The raid outraged local officials, who have since sponsored a medical marijuana giveaway from the steps of City Hall. They also deputized the Corrals, who are the founders the Wo/Men's Alliance for Medical Marijuana, allowing them to cultivate, distribute and possess medical marijuana under a city ordinance.Lawyers for Santa Cruz said the lawsuit will claim that the seven patient plaintiffs have had their medicine substantially decreased since the raid, and that WAMM has been unable to provide its patients with necessary medicine. This has caused an "insurmountable" level of pain and suffering and hastened the deaths of the most vulnerable WAMM members, lawyers said.The lawsuit, to filed as County of Santa Cruz v. Ashcroft et. al, asks the federal courts to enjoin the federal government from raiding the WAMM gardens in the future.DEA spokesman Richard Meyer in San Francisco said Monday he could not comment on pending litigation, but that his agency's mission is very clear: "To enforce the Controlled Substances Act."Marijuana is an illegal drug under that law. State law in California - as well as Alaska, Colorado, Hawaii, Maine, Nevada, Oregon and Washington - allows marijuana to be grown and distributed to people with a doctor's prescription.Meyer said that raiding medical marijuana clubs and farms is the DEA's duty."Our goal is to seize illegal drugs and arrest the perpetrators and bring them to justice," he said.Santa Clara University law professor Gerald Uelmen, one of several attorneys representing the medical marijuana users, has said this case could be an important step toward ending the legal contradiction between state and federal laws.Last May, the Supreme Court ruled that people charged with violating federal drug laws cannot use medical necessity their defense. But Uelmen said the justices left open whether states could legalize medical marijuana under the 10th Amendment, which grants states powers not exercised by the federal government, or under the 14th Amendment's right to due process.Community members in this liberal central California community repeatedly have supported medical marijuana.In 1992, 77 percent of Santa Cruz voters approved a measure ending the prohibition of medical marijuana. Four years later, state voters approved Proposition 215, which allows marijuana for medicinal purposes. And in 2000, the city council approved an ordinance allowing medical marijuana to be grown and used without a prescription. Source: Associated PressAuthor: Martha Mendoza, AP National WriterPublished: Monday, April 21, 2003Copyright: 2003 Associated Press Related Articles & Web Sites:WAMMhttp://www.wamm.org/Pictures from WAMM Protesthttp://freedomtoexhale.com/eventpics.htmGreen Milestones -- Metro Santa Cruz http://cannabisnews.com/news/thread15707.shtmlMedicinal Pot Farmers Deputized in Santa Cruzhttp://cannabisnews.com/news/thread14945.shtmlSanta Cruz Marijuana Farmer Sue Fedshttp://cannabisnews.com/news/thread14235.shtml Home Comment Email Register Recent Comments Help Comment #4 posted by FoM on April 22, 2003 at 07:45:35 PT Mary Have a safe trip and I had a great time on Sunday too! [ Post Comment ] Comment #3 posted by MaryB on April 22, 2003 at 04:49:50 PT Glad your Back up FOM I just tuned in to check to see if the site was back up. It was great spending time with you on Sunday. I'm leaving in the morning but will see you when I get back. I'll read Cnews from Md. and keep you posted on the "local reaction" to their pending legislation. [ Post Comment ] Comment #2 posted by FoM on April 21, 2003 at 23:03:26 PT AlvinCool Thank You. I'm glad were back too! [ Post Comment ] Comment #1 posted by AlvinCool on April 21, 2003 at 20:42:13 PT How interesting First GLAD TO SEE CANNABISNEWS BACK UP AND RUNNING!Second this, to me, seems to be the case that will make the federal government explain how interstate commerce laws are applicable in these instances. It's one thing to say since it could happen let's imagine it did, when in these instances there is a guarantee of no interstate commerce. [ Post Comment ] Post Comment