cannabisnews.com: Santa Cruz Sues Feds Over Medical Marijuana Raids Santa Cruz Sues Feds Over Medical Marijuana Raids Posted by CN Staff on April 23, 2003 at 12:51:09 PT By Martha Mendoza, AP National Writer Source: Associated Press The city and county of Santa Cruz has sued Attorney General John Ashcroft and the Drug Enforcement Administration, demanding that federal agents stay away from a farm that grows marijuana for sick and dying people. "This is an opportunity for us to stand behind the people in our community who are the most needy," said Santa Cruz Mayor Emily Reilly. "This is what we do well in Santa Cruz." The lawsuit, filed Wednesday in federal court in San Jose, 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 and many community members in this coastal town where police and sheriffs work closely with medical marijuana users and growers, and the Compassion Flower Inn -- a bed and breakfast inn for medical marijuana users -- operates openly just a few blocks from downtown. After the raid, the Santa Cruz City Council sponsored a medical marijuana giveaway from the steps of City Hall. They also deputized the Corrals, who are the founders of the Wo/Men's Alliance for Medical Marijuana, allowing them to cultivate, distribute and possess medical marijuana under a city ordinance. "We can only offer peaceful resistance against DEA attacks. Our hope is that the courts will act as guardians of the law and protect us against such injustice," said Valerie Corral. The lawsuit claims that 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. DEA spokesman Richard Meyer in San Francisco said 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 federal law. State law in California -- as well as Alaska, Arizona, 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. But Judy Appel, a Drug Policy Alliance attorney who helped write the lawsuit, said the federal laws are misguided. "We cannot just stand by and watch the harassment of people who are sick and dying," she said. "We hope the court will see the injustice and inhumanity of the federal government's actions, and restore these patients' rights to treat their severe pain with the medicine that works best for them." 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 conflict between state and federal laws. "Becoming a plaintiff in a lawsuit is not a goal that most people would have who are preparing to meet their death," said Uelmen. "But these patients want to leave a legacy, and that legacy is that when we prepare to meet our deaths, the uninvited guests will not include agents of the DEA." Last May, the Supreme Court ruled that people charged with violating federal drug laws cannot use medical necessity as 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. 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: Wednesday, April 23, 2003 Copyright: 2003 Associated Press Related Articles & Web Sites:WAMMhttp://www.wamm.org/Drug Policy Alliancehttp://www.drugpolicy.org/Pictures from WAMM Protesthttp://freedomtoexhale.com/eventpics.htmCity, County Join Pot Lawsuit Against DEA http://cannabisnews.com/news/thread16028.shtmlCalif. Locale To Sue Feds Over Medical Marijuana http://cannabisnews.com/news/thread16023.shtml Home Comment Email Register Recent Comments Help Comment #9 posted by Lehder on April 24, 2003 at 14:16:37 PT mj, the brain, aging repeating afterburner's link:http://www.mapinc.org/norml/v03/n565/a07.htm?134Marijuana preserves brain function:"Cannabis, the third most popular recreational drug after alcohol and tobacco, could become as widely used as Aspirin in the 21st century. There is growing evidence that its compounds may protect the brain against the damaging effects of aging."This is the truth about marijuana. It's good for you. Daily use is more beneficial than occasional use. But no one requires that you smoke it. We do not wish to imprison you if you choose not to attend to your health. These are the kinds of articles and the facts that need to be presented to the public regarding the salubrious qualities of marijuana. Distributing this information is more important than refuting the endless repetition of government's false aspersions on the herb and those wise enough and lucky enough to possess it. [ Post Comment ] Comment #8 posted by afterburner on April 24, 2003 at 08:40:53 PT: All-wise Santa Cruz. Takin' It to The Constitution.ego destruction and ego transcendence, the long history of American freedom, liberty, and ingenuity winds into the future. The Constitution of the United States of America [ Post Comment ] Comment #7 posted by aocp on April 24, 2003 at 08:03:48 PT CSA "We can only offer peaceful resistance against DEA attacks. Our hope is that the courts will act as guardians of the law and protect us against such injustice," said Valerie Corral. The lawsuit claims that 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. DEA spokesman Richard Meyer in San Francisco said 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 federal law. State law in California -- as well as Alaska, Arizona, 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.Since the CSA is only valid for interstate commerce, why can't the courts see this (MMJ) is only for the citizens of California and is therefore exempt from federal interference? I'm certainly no lawyer, but wouldn't this be a better form of defense? Federal law should not apply if the MMJ is never going to cross state lines. Any thoughts? [ Post Comment ] Comment #6 posted by mayan on April 23, 2003 at 18:30:30 PT gw... Look how far we've come since just 1996(prop. 215)! Seven years later & so many more people have joined our cause. The rest of the free world is going decrim or staight up legal. The U.S. will be the last domino to fall for it has become a fortress of fascism & ignorance. If 9/11 wasn't perpetrated by our government we would be well on our way to decrim right now. 9/11 was how they tried to turn back the tide...but it's too late for them because the cat has escaped from the bag! 9/11 was their means to wage wars, transfer wealth & steal our rights. The rest of the world knows what happened on that day & that is why they were against invading Iraq. Even the people of Britain & Spain(our "allies") were overwhelmingly against it. Things will likely get worse before they get better, but time is on our side. Change will come from within & without, for no man is an island, nor is any country.The way out is the way in...The truth about 9/11: http://perso.wanadoo.fr/jpdesm/pentagon/investigation77.htmThe Silence about 9/11: http://www.scoop.co.nz/archive/scoop/stories/45/25/200304231104.31056d2e.html9/11 - Guilt in High Places:http://emperors-clothes.com/indict/911page1&2.htmWho Gave the Green light for 9/11?http://www.willthomas.net/911part1.htmWas 9/11 Allowed to Happen? http://www.wanttoknow.info/911timeline2pgThe World Trade Center Demolition and the So-Called War on Terrorism: http://www.serendipity.li/wtc.html9/11 CitizensWatch: http://www.unansweredquestions.net/911citizenswatch/ [ Post Comment ] Comment #5 posted by afterburner on April 23, 2003 at 17:52:45 PT: Santa Cruz Is the Heart of the Cannabis Movement UK: MARIJUANA MAY SLOW EFFECTS OF AGING http://www.mapinc.org/norml/v03/n565/a07.htm?134ego transcendence or ego destruction that is the question. ego destruction and ego transcendence, that is the healing answer. [ Post Comment ] Comment #4 posted by FoM on April 23, 2003 at 16:15:21 PT global_warming I believe there still is hope but I have to look at all the activists that care and are working hard towards reform to show myself that we are going to win. We don't have that much longer until we have a presidential election. If we can make our issue important enough it might become an issue during election time. We want answers and not what about the children. I want to shout sometimes What about responsible adults right? I am not the babysitter for other people's children. I am not their parents. We shouldn't be penalized because of the excuse of the children being used. It's just not fair to the voting adult population. [ Post Comment ] Comment #3 posted by global_warming on April 23, 2003 at 15:35:42 PT: Justice is so slow Sometimes I wonder If justice will ever be realizedWhen reading this article I get the impression, That peace and love are for the weak, The lazy and tired.I am getting to old, My credentials have been tarnished Yet, there are times, that, through my anger Force me to ask myself, if I should enter the world of politics.How is it that the people that we need to make the corrections in the system are not there?How is it that when I vote, and ask all the people that I know how they voted, they tell me that they voted in the same way, "YET" the measure or question gets approved?Is the balloting system corrupted, like the people that occupy the seats of power?I have to ask myself, can I make a difference? Does my vote really count?It has been 2003 years since Jesus was nailed on a cross, He opened his mouth and spoke against the system, His reward was death.It seems that the powers that be, are very afraid of people that have ideas, Especially people that speak their thoughts,I recall a couple of incidents in my life, Going into a union meeting, there were a number of outspoken individuals, who were going to let the leadership know what was on their minds, Yet during the whole meeting, they were never heard of again.They were all bullshit and no action...There is a lot of bullshit in politics, I guess I am to nieve, to accepting, of the bullshit.I still cannot understand how Nader lost the last election. All my friends voted for the Green.To get back to the reason why I even tried to post a response to this article, It is because I feel for the people of Ca. that are trying to have a life, trying to work within the system.I hope that the system has not been blighted, the rampant corruption and disease that afflicts so many may be out of our control.?I need to write faster, before the state sanctioned drugs overtake me...booze, that all I can purchase, for now, besides the costly 3 blood pressure medications, my dear doctor has prescribed for me......"We can only offer peaceful resistance against DEA attacks. Our hope is that the courts will act as guardians of the law and protect us against such injustice," said Valerie Corral....It breaks my heart that someday, people, gradma and grandpa, will put on vests and helmets, to wage a war against the DEA-D..There may come a time that peaceful resistance will not be an option?I grew up in NY, the Big Rotten Apple, I know population density, I clawed my way into the suberbs,The people of Ca, have clawed their way 3000 miles from the insane puritanical days of the Salem withchunts, the people that are so insanely blind to human love... The south has been warred upn until that are so confused, they blindly follow the Baptist befiefs,Rest assured, for the system cannot continue to be so ailed, It cannot survive, we must take our families, our communities back, from the lawyers, the politicians, the pheds, the big business interests...The universe gives life without any requests, It is up to life to return the gifts of thanks to the universe,God loves us all, gw [ Post Comment ] Comment #2 posted by FoM on April 23, 2003 at 13:00:40 PT Related Article from KRON - TV Lawsuit Filed to Allow Medical Pot Use April 23, 2003 Santa Cruz (BCN) -- Several dozen people including the mayor of Santa Cruz and other public officials gathered on the Santa Cruz County Courthouse steps today to support a new federal lawsuit seeking the right of terminally ill people to use medical marijuana. The lawsuit was filed today in U.S. District Court in San Jose on behalf of the Wo/Men's Alliance for Medical Marijuana and a number of individual patients. WAMM and its founders Valerie and Michael Corral gained national attention in September 2002 when federal agents raided their cooperative medical marijuana farm and briefly detained the pair. The lawsuit seeks an injunction that would prevent authorities from interfering with the use of medical marijuana by the terminally ill. "It is difficult to understand why the government would want to add to their troubles," Valerie Corral said. Santa Cruz County Supervisor Mardi Wormhoudt said the federal government's continued action against medical marijuana users is putting strains on the health services provided by local governments. "Unless people are able to help themselves in these ways many people would probably need to use county health services and in these times we can barely cover our current services," Wormhoudt said. Santa Clara University law professor Gerald Uelmen, who gained fame as a member of the O.J. Simpson legal "Dream Team," is one of the attorneys for the plaintiffs. He is excited about the possibility of the suit. "What I'm excited about in this lawsuit is that it gets to the heart of the matter -- the right of an individual to control the circumstances of their own death, " Uelmen said. "These are patients who want to live, and want comfort in the last moments of their life." The attorneys involved in the suit hope to have a hearing on a preliminary injunction sometime within the next 60 days. Medical marijuana usage has been legal in California since the 1996 passage of Proposition 215, however the federal government continues to regard almost all usage of marijuana as illegal. Federal authorities have stepped up their enforcement activities under the Bush administration.http://www.kron4.com/Global/story.asp?S=1245982&nav=5D7lFP2b [ Post Comment ] Comment #1 posted by Dark Star on April 23, 2003 at 12:56:20 PT The DEA VE vere yust following orders! [ Post Comment ] Post Comment