cannabisnews.com: Judge Deals Blow To Pot Farm Judge Deals Blow To Pot Farm Posted by CN Staff on August 28, 2003 at 22:50:51 PT By Crystal Carreon, Mercury News Source: Mercury News In a blow to champions of medicinal marijuana and a key victory for U.S. government regulators, a federal court in San Jose ruled Thursday against restraining U.S. drug agents from raiding a Santa Cruz cannabis co-operative that helps the ill and dying.U.S. District Judge Jeremy Fogel obliquely acknowledged that medicinal marijuana could alleviate pain but asserted that federal drug laws prevailed over the state's 1996 medicinal marijuana initiative. ``Although plaintiffs have made a significant showing of irreparable injury, the Court has no alternative but to conclude that under existing law they cannot succeed on the merits of their claims,'' Fogel wrote.Since voters passed the Compassionate Use Act seven years ago, bitter legal battles have pitted federal drug officials against those advocating states' rights.Thursday's court opinion was a loss for the Wo/Men's Alliance for Medical Marijuana in Santa Cruz County, a group that has won extensive support from local government officials in the county.In July of last year, the state Supreme Court ruled that Californians who have a doctor's approval to smoke marijuana are protected from conviction for violating state drug laws. But in 2001, the U.S. Supreme Court issued a ruling that made it impossible for third parties to provide medicinal marijuana to seriously ill patients without running afoul of federal drug laws. As a result, several Bay Area medicinal pot clubs were shuttered.But the Wo/Men's Alliance continued to operate, dispensing marijuana to the terminally ill. Then Drug Enforcement Administration agents raided the property along Santa Cruz County's north coast on Sept. 5, arresting co-founders Valerie and Michael Corral, seizing membership lists and photo albums and ripping out 167 marijuana plants. The lawsuit stemmed from that incident. Since the raid, the Corrals say, 16 of their clients have died.The defendants in the case were Attorney General John Ashcroft, National Drug Control Policy Director John P. Walters and William B. Simpkins, acting administrator of the DEA.News of Fogel's decision reached Valerie Corral Thursday evening at her Davenport-area home, where, she said, the group will continue their work while seeking justice.She declined to discuss whether the organization is growing marijuana.``It feels like a blow at this moment, but it will strengthen us,'' she said. ``I guess we're considered criminals by our governments. It's difficult to fathom why anyone would want to stand in the way of alleviating suffering.''Corral, a plaintiff in the suit along with the city and county of Santa Cruz, said she hopes to appeal the decision.``I think Judge Fogel is a good and thoughtful man who did not see how to do things differently,'' Corral said. ``Maybe the 9th Circuit (federal appeals court) will, or the Supreme Court.''Neither attorneys for the defendants nor the plaintiff's high-profile attorney, Gerald Uelmen, could be reached Thursday night.The Corrals still have not been charged in the nearly year-old case.Note: Rules U.S. Drug Laws Prevail Over States.Source: San Jose Mercury News (CA)Author: Crystal Carreon, Mercury NewsPublished: August 28, 2003 Copyright: 2003 San Jose Mercury NewsContact: letters sjmercury.comWebsite: http://www.bayarea.com/mld/mercurynews/Related Articles & Web Sites:WAMMhttp://www.wamm.org/WAMM Raided - September 5, 2002 http://freedomtoexhale.com/valc.htmJudge Refuses To Block Raids of Marijuana Farm http://cannabisnews.com/news/thread17175.shtmlJudge Refuses To Halt Pot Raids In Santa Cruz http://cannabisnews.com/news/thread17172.shtmlMedical Pot Gets Its Day in Courthttp://cannabisnews.com/news/thread16978.shtml Home Comment Email Register Recent Comments Help Comment #4 posted by MDG on August 31, 2003 at 14:39:40 PT Forget the tape recorders... ...as they'll be found and confiscated (read: destroyed) when body searches occur. Just set up all your cameras, and hook the network up to the internet. A raid could be watched and recorded world-wide, as it happens. Of course, secret redundancy will be important as the cops will cover the "obvious" cameras with blankets (a photocell could be used in a circuit that would switch to a secret camera anytime light is lost). Also, by recording elsewhere, the "tape" can't be "lost". Passwords could be issued under normal conditions in order to restrict use, until the "panic button" gives total access to anyone in the world.Better yet, it wouldn't be a bad idea to "require" these cameras in legit medical grow-ops, as condition of compliance with state law. We know they're on the up-and-up (especially WAMM), and if there is a raid, it would be a violation to cover them up. "Uh, sir, it says here in the warrant that all cameras must remain operational during the siezure." Whether or not that would be obeyed is another issue all together.A simple internet search for home/office surveillance networks will return many results. On one site, you can switch between multiple locations within a network, in real time (from "porch" to "garage", etc.) Decent cameras help a lot more than cheap ones. You can even control some from your browser, and pan around to see more action.I realize there are many other issues relating to surveillance, like LEOs wanting full access at all times, etc. But, with the internet, it just makes sense to be able to show a raid as it happens, across the globe.Just imagine what would have happened if Alberto Sepulveda had been murdered on camera, being viewed/recorded world-wide in real time. [ Post Comment ] Comment #3 posted by aolbites on August 29, 2003 at 12:44:48 PT supercircuits http://www.supercircuits.com/STORE/home.aspis a reliable and low cost source for all sorts of security gearheres the cheapest they got:Monochrome CMOS Board Video Security Camera Here is another Supercircuits price and performance breakthrough! Imagine, a tiny 0.94” square monochrome video security camera for under $20! Using the very latest of a new generation of high performance CMOS imagers, the PC166XS delivers 240 lines of resolution. It weighs only 1/3 ounce! Precision 3.6MM lens provides a 80 degree field of view. The advanced OmniVision 1/3" CMOS sensor incorporates automatic electronic shutter, low smear, blooming suppression and sophisticated auto backlight control-- the result is great video in almost any lighting condition. Low light rating is 0.5 lux. Plug and play cables make installation easy. Consumes an amazingly low 20 milliamps at 12 volts DC.Comes with easy connection instructions, pre-installed plug and play video and power cables, 1 year warranty and a 30 day money-back satisfaction guarantee. supercircuits [ Post Comment ] Comment #2 posted by kaptinemo on August 29, 2003 at 10:55:00 PT: And use concealable cameras and pocket recorders Because the trespassers are not above simply taking and smashing equipment when it suits them Judge: "Why did you smash that big, expensive and obvious video camera, Officer Jack Boot?" Trespasser: "Gee, Yuh Honuh, I t'ought it was a gun!" Judge: "Well, be more careful next time!" Trespasser: "Yessuh!" (with a smirk at patients in court room) They know full well how bad they look doing this, picking on sick people as they do. But they have to be caught in the act before the public-at-large will believe what is happening. I daresay that 97% of Californians thought that Prop215 had settled the matter; prior to the Rosenthal trial, the issue had stayed in the background. Now, the public knows of patient's dilemma with the Feds.The old problem of 'ipse dixit' (the cop's word against yours) becomes moot when a jury is shown a video of a helpless paraplegic face down on a bed and handcuffed from behind while the raiders smirk and make stupid jokes. Had it not been for the videotapers of Rodney King's beating, the Los Angeles police would not have gotten such a bloody nose for their bigotry. As much as I personally find disgusting this societal trend towards greater and greater surveillance of every little thing, sadly, in this case, it's warranted. [ Post Comment ] Comment #1 posted by Jose Melendez on August 29, 2003 at 08:58:52 PT video WAMM and friends,More security and individual hidden cameras are the way to combat the next raid. Use uninterruptible power supplies, like computers. And have extra camcorders ready with fresh batteries and tapes, that way there are extra angles with sound. Televised raids are the reason you've gotten this far, IMHO. [ Post Comment ] Post Comment