cannabisnews.com: Dope’s New Hope
Dope’s New Hope
Posted by CN Staff on January 05, 2004 at 14:54:19 PT
By Brian Seals, Sentinel Staff Writer
Source: Santa Cruz Sentinel
Santa Cruz — On a wall in the back room of her Westside office, Valerie Corral points to pictures of her deceased friends. "She died just a few months after the raid," Valerie says, pointing to a photo on the wall of a woman smoking from a glass pipe.The raid that Valerie refers to, conducted by the Drug Enforcement Agency in September of 2002, shut down the marijuana farm that she and her husband Mike had operated in Davenport.
The pictures that now hang in her office, at the Wo/men’s Alliance for Medical Marijuana, include photos of 20 people she says have died since the raid — after the couple could no longer provide marijuana from the farm to those who smoke the drug to help relieve various medical ailments.The deaths are not linked to the suspended marijuana supply, the Corrals acknowledge. But the final days of those suffering may have been less difficult if the drug would have been available to them, the Corrals say."We know pain and discomfort has increased," Mike said. "We hear that on a weekly basis."The Davenport marijuana farm, which once grew 167 plants in an area not much bigger than a small back yard, now lays fallow because of the federal law criminalizing marijuana. The land that once grew the plant for about 250 people in the county, many terminally ill, has more recently grown tomatoes.But the Corrals have not given up hope that they will one day legally grow and supply medical marijuana to their ailing clients.A recent court ruling may warrant their optimism.The 9th U.S. Circuit Court of Appeals ruled Dec. 16 that the 1970 Controlled Substances Act, which outlaws marijuana, may not apply to sick people who have a doctor’s recommendation to use the drug. The ruling applies to the seven Western states in the 9th Circuit’s jurisdiction, including California, that have approved medical marijuana laws.Under the December ruling, the three-judge panel ruled that prosecuting medical marijuana users under the Controlled Substances Act is unconstitutional if the marijuana is being used for medical purposes and is not sold or transported across state lines.That’s the same argument the Corrals cite in their legal fight against the U.S. Department of Justice in response to the raid of their farm. Their lawsuit was filed in U.S. District Court in San Jose on behalf of WAMM in April of 2003 and calls for an injunction against future raids on medical marijuana operations. WAMM, which was founded by the Corrals in the early ’90s, is joined by the county and city of Santa Cruz in the suit.Their legal argument is grounded in California’s voter-approved Proposition 215 which, in 1996, made medical marijuana with a doctor’s recommendation, in spite of federal law, legal under state law.While the December decision in federal court, upholding the use of medical marijuana, is likely to be appealed by the U.S. Department of Justice and the DEA, the Corrals think it bodes well for WAMM’s case."There’s no such thing as a small victory," Valerie says. "We’re pleased to see the will of the people reflected in the courts." A hard fight ahead Still, the couple isn’t breathing sighs of relief. They know legal battles remain.WAMM’s suit seeking an injunction from future raids, now in U.S. District Court, differs from the December ruling in that it applies to individuals rather than groups like theirs.Gerald Uelmen, a Santa Clara University law professor who is on WAMM’s legal team, said, however, the concepts ruled on by the 9th Circuit Court could apply to medical pot cooperatives. "It really isn’t that great an extension to apply it (the ruling) to a group like WAMM," Uelmen said.In a separate suit, now before the 9th Circuit on appeal, WAMM is seeking the return of the marijuana plants that were taken in the raid. The December ruling does not address whether the DEA must return the confiscated plants."That (December) ruling is good, but it’s sort of groundwork for future rulings," Mike said.There is also, of course, the possibility that the Supreme Court will overturn the decision of the 9th Circuit Court, leaving the Justice Department and the DEA in a position to conduct further raids.While the Corrals and WAMM find support in Santa Cruz County for the use of medical marijuana, the drug is viewed skeptically in other parts of the state and nation.A common complaint is that medical marijuana as practiced in California sends a bad message to youth."Our main concern is marijuana is the No. 1 drug of choice for youth," said John Redman, executive director of Californians for Drug-Free Youth in San Diego. "We now have more kids in treatment for marijuana than for alcohol for the first time ever."If marijuana is to be medicine, Redman said, it should not be the domain of cooperatives and buyers’ clubs, but of doctors and pharmacists. "When you don’t have controls, the abuses goes even further," Redman said.Brian Blake, spokesman for the U.S. Office of National Drug Control Policy, commonly known as the office of the Drug Czar, declined comment on the suits initiated by WAMM, citing pending litigation. But he offered similar views as Redman on the subject of medical marijuana.Blake said the federal government would enforce marijuana statutes until laws change and the Federal Drug Administration approves the drug, no matter what voters in individual states approve."We have the responsibility to make sure medicine is safe when it’s on the market," Blake said. "Unfortunately, medicine is not created through plebiscite in the United States."Save a couple of busts in the early ’90s, one with charges dropped based on a medical necessity defense and another that was never prosecuted, the Corrals and WAMM have enjoyed support from local government.The Santa Cruz City Council deputized the Corrals in late 2002, which was a symbolic vote of support for the couple’s actions. That came just weeks after the council allowed a medical pot giveaway for about a dozen WAMM members on the steps of City Hall.Santa Cruz County Sheriff Mark Tracy said his office had met with WAMM over the years to talk about how to operate within the state’s medical pot law."(Proposition) 215 is the law governing medical marijuana in California," Tracy said. "By keeping communication open, it helps us allow the law to be implemented."The Corrals and medical marijuana advocates are closely watching the fed’s next move in the wake of the December ruling. The U.S. Justice Department could seek a stay of the injunction at any point, meaning the December ruling would be put on hold until the Supreme Court makes a final decision. In the meantimeThis past year, the Corrals and WAMM members have worked with county Supervisor Mardi Wormhoudt to establish an identification card system with the county Health Services Agency.The system aims to provide legal clearances for users and let law enforcement officials know when the drug is being used legitimately.However, local marijuana advocates have not made much headway in their most basic mission of getting the drug to the ill that use it. Since the raid, WAMM members have been forced to live with less.For Hal Margolin, that means rationing supplies and waiting until later in the day before taking a puff of marijuana to help him cope with foot pain caused by a condition known as chronic peripheral neuropathy.The drug has been most commonly prescribed to those suffering from terminal illnesses or severe chronic diseases, such as epilepsy and arthritis, to ease symptoms.Margolin said he never imagined he would use marijuana, but his incessant pain prompted him to try it about five years ago."Marijuana allows me to function despite the pain," Margolin said.To this day, the cooperative still gets calls from people wanting the drug. A 75-year-old man wants to know how to grow for his ill wife. A breast cancer patient needs relief."We get phone calls everyday," Mike Corral said. "I hope we’re going to come back to full operation and more so."While the ability to begin legally growing and distributing rests, for now, with the courts, an active year lies ahead.WAMM wants to establish its own hospice for members. The idea is to make patients as comfortable as possible in a patient’s final days. "I see it as a natural evolution of our work," Valerie said.The Corrals have also been working with the city of San Francisco on ways to implement Proposition S. The ballot measure, approved in San Francisco in November 2002, re-affirms city policy stating that the city shall explore the possibility of creating a program to grow and distribute marijuana for medical use."On the one hand we’re consultants to the city of San Francisco. On the other, we were raided by the DEA," mused Mike. "The world is a strange place."Complete Title: Dope’s New Hope: Medical Marijuana Advocates Buoyed by December Federal Appeals Court RulingSource: Santa Cruz Sentinel (CA)Author: Brian Seals, Sentinel Staff WriterPublished: January 4, 2004Copyright: 2004 Santa Cruz SentinelContact: editorial santa-cruz.comWebsite: http://www.santacruzsentinel.com/Related Articles & Web Sites:WAMMhttp://www.wamm.org/Raich v. Ashcroft in PDFhttp://freedomtoexhale.com/ruling.pdfPictures and News from WAMM Protesthttp://freedomtoexhale.com/eventpics.htmMedical Pot Users Win Key Ruling http://cannabisnews.com/news/thread17976.shtmlAppeals Court Sets Aside Federal Marijuana Lawhttp://cannabisnews.com/news/thread17975.shtmlFederal Appeals Court OKs Medical Marijuana http://cannabisnews.com/news/thread17974.shtml
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Comment #12 posted by afterburner on January 08, 2004 at 10:00:38 PT:
But Howard, Cannabis Prohibition Is From Politics
"...I'm not in favor of the kinds of raids that John Ashcroft is doing in those states where people have decided that medical marijuana is okay. I don't agree with the way it [medical marijuana] came about from a political process, but I'm not in favor of locking people up for medical marijuana like John Ashcroft is doing." --Howard DeanMr. Dean, please think hard and clarify your wishy-washy stance on medical marijuana if you expect to receive any support from the cannabis community: medical, spiritual, or social.ego transcendence follows ego destruction, the evolution of the planet and of human consciousness continues into the new year despite attempts to micro-manage and over-control by vested interests, you ain't seen nothin' yet.MFA in 2004: Congress, States, citizens sign on for the Medical Freedom Amendment!
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Comment #11 posted by goneposthole on January 06, 2004 at 07:02:56 PT
I don't trust the stock market
nor do I have any faith in its valuation. I've been burned on a couple of investments that have had corruption written all over it. The experience has left a bitter taste in my mouth and a lighter wallet.My metaphorical culinary assessment of the financial markets is this:'lamb, ram, mutton, or sheep...who knows what it is?'The Euro has a 500 Euro denomination and is favored by drug dealers. That is primarily the reason it has more value than the dollar. Drugs and the financial markets go hand in hand.
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Comment #10 posted by ekim on January 05, 2004 at 20:06:44 PT
Hey Gone do you remember the Digital Angel
i guess last week the stock took off. when it was understood that DA can track a cow. man we have to watch who is making the laws.
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Comment #9 posted by goneposthole on January 05, 2004 at 19:55:08 PT
Principal Judas
Saint Valerie.Today, I found some pot in my son's room. It's mine. I guess I should have hidden it better. Oh well.He can have it. But, I know where it is, so it will slowly disappear from him.I guess I haven't taught him not to steal. I can fix it, though. Got a little work to do there.When I was at home and a teenager, my mother caught me smoking cannabis at the dining room table after being surprised by an early return of my mother and father after visiting relatives. She let me keep my weed.She wasn't too alarmed at my imbibing in marijuana, so I am not alarmed at my son at smoking my cannabis. I would rather see him do that than drink booze until he is falling down drunk. C'est la vie.
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Comment #8 posted by charmed quark on January 05, 2004 at 19:12:14 PT
Regarding: Final Grades
It really isn't important what any of the candidates are saying about medical marijuana. Remember that Bush said he would leave the issue to the States. Instead, when he took office, he appointed John Ashcroft AG and turned him loose against the States.In my opinion, ANY of the candidates other than Bush would be better on this issue. Some better than others, but all many times better than Bush. Can you imagine any Democratic candidate appointing a John Ashcroft?So I say: hope that the guy who can best beat Bush wins the primary. Of course,I don't know which one that would be. -Pete
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Comment #7 posted by ekim on January 05, 2004 at 18:27:05 PT
Jan 24 04 WAMM Conference 11:00 AM Jim Gray
Jan 23 04 KION Radio 04:00 PM Jim Gray Monterey California USA
LEAP Speaker Judge Jim Gray will discuss issues related to drug prohibition at 4 pm on KION Radio, 1460 AM, Monterey.
Jan 24 04 WAMM Conference 11:00 AM Jim Gray Santa Cruz California USA
LEAP Speaker Judge Jim Gray will hold a conference with WAMM (Wo/Men's Alliance for Medical Marijuana) leader Valerie Corral at 815 Almar, #2, Santa Cruz, California. Visit the WAMM web site at http://www.wamm.org
Jan 25 04 Sonoma Libertarians 06:30 PM Jim Gray Santa Rosa California USA
LEAP Speaker Judge Jim Gray will present to the Sonoma Libertarians at Finley Community Center located at 2060 W. College Ave., Santa Rosa, California
Jan 29 04 Coalition of Concerned Legal Professionals 12:00 PM Jim Gray Los Angeles California USA
LEAP Speaker Judge Jim Gray will be meeting at noon with the Coalition of Concerned Legal Professionals at the Main Los Angeles Public Library on Hope Street.
Jan 30 04 Temple Isaiah 08:00 PM Jim Gray Newport Beach California USA
LEAP Speaker Judge Jim Gray will discuss the issue of drug prohibition at the Temple of Isaiah of Newport Beach, 2401 Irvine Ave., Newport Beach, California.
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Comment #6 posted by ekim on January 05, 2004 at 18:20:16 PT
NPR radio Dem debate 06 at 2pm to 4pm
http://leap.cc/events/events.php
Jan 19 04 Press Conference 12:00 PM Jim Gray Fairfax California USA
Judge Jim Gray will participate in a noon hour conference and press conference at Reverend Lynnette Shaw's Medical Marijuana Clinic at 6 School Street Plaza, #215, Fairfax, California. Phone: 415-456-4513. 04 WAMM Conference 11:00 AM Jim Gray Santa Cruz California USA
LEAP Speaker Judge Jim Gray will hold a conference with WAMM (Wo/Men's Alliance for Medical Marijuana) leader Valerie Corral at 815 Almar, #2, Santa Cruz, California. Visit the WAMM web site at http://www.wamm.org
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Comment #5 posted by E_Johnson on January 05, 2004 at 17:21:33 PT
It was a lesson to all
The Goose Creek raid took the NAACP and Jesse Jackson one or two more steps along their learning journey about the WOD.
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Comment #4 posted by Max Flowers on January 05, 2004 at 17:07:48 PT
Re: Stratford High principal is lesson on history
I feel very gratified that McCrackin is resigning. I called him the day after the raid (I think it was the day after), when the maelstrom was just forming, and actually got him on the phone. I told him his actions made him a fascist and had started a reaction more historical than he could imagine. That direct action/reaction felt great. And this is gratifying to see him stepping down. For once, we see tangible consequences for behavior like his. Here's to seeing lots more.I hope he and his school have fun with the lawsuit!
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Comment #3 posted by kaptinemo on January 05, 2004 at 16:35:17 PT:
The first good news of the year!
And a warning to other fascist wannabes; the door swings both ways. Or that the sword has two edges.
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Comment #2 posted by Virgil on January 05, 2004 at 16:27:10 PT
Stratford High principal is lesson on history
Goose Creek, South Carolina sees the Stratford High Principal resign- http://www.sfgate.com/cgi-bin/article.cgi?file=/news/archive/2004/01/05/national1804EST0681.DTLThey should take Nancy Reagan's Honor of Freedom Medal away and give one to Valerie for service to the people instead of disservice.
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Comment #1 posted by cloud7 on January 05, 2004 at 16:19:07 PT
Final Grades from MPP
A+ - Dennis Kucinich: On May 29, Kucinich was quoted in the San
Francisco Chronicle as supporting medical marijuana "without
reservation" and indicated that as president he would be
willing to sign an executive order permitting its use. A - Carol Moseley Braun: When asked at a campaign stop in Durham on
November 3 if she would sign legislation allowing seriously ill
people to use medical marijuana with their doctors' approval,
Moseley Braun responded, "Yes ... You don't have to record me,
I'm already on record on this." A- - John Kerry: During a town hall meeting in Henniker on Sept. 20,
an MPP staffer asked Kerry, "Would you stop the raids, as
president?" Kerry responded by saying simply, "Yes." B+ - Wesley Clark: During a November 13 town hall meeting in
Portsmouth, a volunteer for MPP's campaign asked Clark if, as
president, he would stop the DEA's raids on seriously ill
medical marijuana patients in the nine states that have removed
the threat of jail for medical marijuana patients. Clark
replied, "In a simple yes-or-no answer: Yes." B - Al Sharpton: When an MPP volunteer asked Sharpton on December 9
if, as president, he would stop the DEA's raids on medical
marijuana patients, he replied, "I think that medical marijuana
patients should not be arrested for using medical marijuana. I
think that's something that I wouldn't do." D- - Howard Dean: At a town hall meeting in Hampton on November 13,
an MPP volunteer asked Dean if he would promise to permanently
stop raids on medical marijuana patients in the states that
have reduced or eliminated criminal penalties for the medicinal
use of marijuana. Dean responded, "I don't believe in what
Ashcroft's doing about medical -- putting people in prison who
are, who have AIDS. Let me tell you what we have to do on
medical marijuana. I stopped a medical marijuana bill in my
legislature, and I'll tell you why. Because I'm a doctor, I
think substances taken into your body have to be treated the
same if they're meant to be medicines, no matter what they are.
And I don't like people -- for the same reason I'm pro-choice
-- I don't like people who are not in a position to make
decisions about people's lives, like politicians particularly
... In the meantime, you know, I'm not in favor of legalizing
marijuana -- I mean, maybe for medicinal use ... And so I'm not
in favor of the kinds of raids that John Ashcroft is doing in
those states where people have decided that medical marijuana
is okay. I don't agree with the way it came about from a
political process, but I'm not in favor of locking people up
for medical marijuana like John Ashcroft is doing." Dean has
called for a one-year moratorium on the DEA's raids; the notion
of restarting the raids after one year, in combination with his
actions as governor, have earned him a D- grade. F - George Bush, John Edwards, Richard Gephardt, and Joe Lieberman:
We tried our best, but Edwards, Gephardt, and Lieberman simply
would not pledge to end the DEA's raids on patients. Edwards is
particularly hypocritical, given that he admitted to having
smoked marijuana recreationally.
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