cannabisnews.com: Judge Tells Feds To Back Off from Med Pot Group





Judge Tells Feds To Back Off from Med Pot Group
Posted by CN Staff on April 21, 2004 at 16:46:46 PT
By David Kravets, Associated Press
Source: Associated Press 
San Francisco -- A judge on Wednesday ordered the federal government to keep away from a California medical marijuana group that grows and distributes cannabis for its sick members.The decision from U.S. District Judge Jeremy Fogel in San Jose was the first interpretation of a federal appeals court decision here last year that ordered the federal government not to prosecute a sick Oakland woman who smoked marijuana with a doctor's recommendation under a 1996 California medical marijuana law.
Fogel ruled that the Justice Department cannot raid or prosecute the 250 members of the Wo/Men's Alliance for Medical Marijuana, which sued the government after the Drug Enforcement Administration in 2002 raided its Santa Cruz County growing operation and seized 167 marijuana plants.The group's director, Valerie Corral, said the group had been receiving and growing marijuana in secret since the raid out of fear of being prosecuted. But with Fogel's decision, the group intends on immediately planting hundreds of plants at Corral's one-acre property in the Santa Cruz hills."You better believe it we're gonna plant," Corral, who uses marijuana to alleviate epileptic seizures, said in a telephone interview. "I'm leaving now. It's amazing."The Justice Department, which urged Fogel not to issue an injunction barring new raids or prosecutions, declined comment. Spokesman Charles Miller said the government was reviewing the decision.The marijuana group asked Fogel to issue the injunction after the 9th U.S. Circuit Court of Appeals ruled in December that a congressional act outlawing marijuana may not apply to sick people with a doctor's recommendation in states that have approved medical marijuana laws.The San Francisco-based appellate court, ruling 2-1, wrote that prosecuting these medical marijuana users under a 1970 federal law is unconstitutional if the marijuana isn't sold, transported across state lines or used for non-medicinal purposes."The intrastate, noncommercial cultivation, possession and use of marijuana for personal medical purposes on the advice of a physician is, in fact, different in kind from drug trafficking," Judge Harry Pregerson wrote for the 9th Circuit in December.The court added that "this limited use is clearly distinct from the broader illicit drug market, as well as any broader commercial market for medical marijuana, insofar as the medical marijuana at issue in this case is not intended for, nor does it enter, the stream of commerce."That decision was a blow to the Justice Department, which argued that medical marijuana laws in nine states were trumped by the Controlled Substances Act, which outlawed marijuana, heroin and a host of other drugs nationwide. The Justice Department on Tuesday appealed that 9th Circuit decision to the Supreme Court.The Controlled Substances Act, as applied to the Santa Cruz cooperative, Fogel wrote, "is an unconstitutional exercise" of federal intervention.Fogel's decision, meanwhile, furthers the conflict between federal law and California's 1996 medical marijuana law, which allows people to grow, smoke or obtain marijuana for medical needs with a doctor's recommendation.Alaska, Arizona, Colorado, Hawaii, Maine, Nevada, Oregon and Washington state have laws similar to California, which has been the focus of federal drug interdiction efforts. Agents have raided and shut down several medical marijuana growing clubs.The appeals court, the nation's largest, does not have jurisdiction over Colorado and Maine.Wednesday's decision, in addition to December's Circuit ruling, are outgrowths of a 2001 U.S. Supreme Court ruling. That year, the Supreme Court said that medical marijuana clubs could not dole out medical marijuana based on the so-called "medical necessity" of patients, even if they have a doctor's recommendation to use marijuana.Justice Clarence Thomas wrote that an Oakland pot club could not defend its actions against federal drug laws by declaring it was dispensing marijuana to the medically needy.But the justices said they addressed only the issue of a so-called "medical necessity defense" being at odds with the Controlled Substances Act that says marijuana, like heroin and LSD, has no medical benefits and cannot be dispensed or prescribed by doctors.In the 2001 decision, Justice Thomas wrote that Supreme Court left several questions unresolved, including whether the government could interfere with the states to make their own medical marijuana laws."The Supreme Court had left this door open," said Gerald Uelmen, a scholar at the Santa Clara University School of Law who represented the Wo/Men's Alliance for Medical Marijuana.The case decided Wednesday is Santa Cruz v. Ashcroft, 03-01802. David Kravets has been covering state and federal courts for a decade.Complete Title: Judge Tells Feds To Back Off from Medical Pot Group Source: Associated Press Author: David Kravets, Associated PressPublished: April 21, 2004 Copyright: 2004 The Associated Press Related Articles & Web Sites:WAMMhttp://www.wamm.org/Pictures From WAMM Protesthttp://freedomtoexhale.com/eventpics.htmMedical-Marijuana Fight Returns To Courthttp://cannabisnews.com/news/thread18572.shtmlWAMM Set for Appeal To Return Seized Pot http://cannabisnews.com/news/thread17300.shtmlJudge Refuses To Block Raids of Marijuana Farm http://cannabisnews.com/news/thread17175.shtml 
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Comment #14 posted by Treeanna on April 22, 2004 at 11:51:18 PT
I am a Gemini
My birthday is May 22. I tend to drive hubby a bit nuts at times (Leo), but he is taking me on a nice trip to Seattle and Vancouver, BC this summer anyway ;b
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Comment #13 posted by OverwhelmSam on April 22, 2004 at 10:22:25 PT
There's No Doubt About It.
WAMM's victory will go down in the History books as the cooperative that broke the back of federal efforts to keep marijuana illegal. Way to go WAMM!
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Comment #12 posted by Nuevo Mexican on April 22, 2004 at 08:49:24 PT
Treeanna, July 6th looks great, as the stars go!
Sun trine Moon, a great aspect, one of the best! Hope you're a water or an earth sign, its even better! And on July 6th, Bushes birthday! (but also the Dali Lama, the moon has a light and dark side doesn't it!) This could indicate a great year for bush too, but with the Moon in Picses, the last sign of the Zodiac, a good year for bush means he will be back in Texas, where a village has lost its idiot! Not in the White House where he will continue to be in the 'hot seat' for the rest of his term.A Pisces moon on his birthday could mean Prison, as Pisces is related to imprisonment, institutions, martydom, crucifixtion, and is the sign of Jesus, who had 6 planets in Pisces, according to the Dead Sea Scrolls! He will become compassionate before he leaves the planet, if the God that told him to go to war has anything to say about it!Waiting to hear bush mangle the English language on Earth Day, (CNN), more like 'Polluters Day' for him.This article is really good news, the tide has turned, and its just a matter of time. Tick, tock, tick, tock......
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Comment #11 posted by Treeanna on April 22, 2004 at 07:27:01 PT
This is great :)
THis sort of ruling really helps me in my case against the local establishment.After charging me with all those felonies for having 4oz of medicine and 12 small plants (plus 12 tiny seedlings), the last time I was in Court, they wanted me to plead to misd possession of over one oz (for time served).They refused to allow me the return of my lights, medicine, and seeds, however, in spite of recognizing that I was, in fact, a legitimate mmj patient, and was at the time of my arrest (they had said my papers were "expired" at the time, due to an internal SO policy of having to have renewals made yearly).So anyway, I told em to shove their deal and trial is set for July 6th. The DA asked the judge to set another conference, though, so we get to see what effect this has on things :)
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Comment #10 posted by dapoopa on April 22, 2004 at 02:59:47 PT:
Another big vicotry for medcan movement
Great news, will be interesting to see how the Supreme Court reacts to this decision in light of Ashcroft's appeal of the December 2003 ruling. So although this story is not over yet, in the short term the medical cannabis movement in the U.S. has just scored another significant victory over the Feds. As such, it should not go unnoticed by the Canadian parliament and Health Canada as they continue to debate Bill C-10 and regulatory amendments that would allow companies like Amigula (AMJL) to proceed with their business plans.
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Comment #9 posted by FoM on April 21, 2004 at 21:21:36 PT
I'm Tired but Happy
The last couple of days have been good days for us. Sometimes I get discouraged. When good news happens it gets me fired up. I am amazed at the respectibility that Cannabis is getting these days. What an incredible journey we're on! We're not there yet but we're well over half way I believe.
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Comment #8 posted by Virgil on April 21, 2004 at 20:21:21 PT
A new high water mark
The water mark is now lower for the prohibitionists and falling. What is North Carolina waiting on now- permission from Merck and Eli Lilly?
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Comment #7 posted by kaptinemo on April 21, 2004 at 20:11:49 PT:
A judge who's read his Constitution
Oo-rah for Judge Fogel!
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Comment #6 posted by E_Johnson on April 21, 2004 at 19:21:53 PT
Sam Adams, the route has been pointed out to them
I think the court just told them where they can drive that $40,000 SUV. ;-)
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Comment #5 posted by E_Johnson on April 21, 2004 at 19:15:53 PT
It's the spirit of 420!
Rushing off to put hundreds of seeds into the ground... you go girl!
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Comment #4 posted by mayan on April 21, 2004 at 18:03:18 PT
BACK OFF!!!
If the feds would jail a person for using the only medicine that keeps them alive then what wouldn't they do to harm us?The fascists better back off because we are beyond sick and tired. These lying,murderous,treasonous thugs can only push so far until the whole world starts pushing back. They know it very well too. That's why said fascists are making all of these draconian laws to bolster their police state. Right now they are trying to re-start the military draft(before all of our allies and the entire military deserts). The feds are predicting a "terror attack" before the elections. Retired general Tommy Franks already said The Constitution will be suspended along with the elections and a military form of government implemented if there is anothere attack on U.S. soil. Be prepared.Here's another CNN poll...Do you think the military draft should be reinstated? 
 
Yes - 28% 29674 votes 
 
No - 72% 76925 votes Total: 106599 votes http://www.cnn.com/The way out...Bush, Cheney to Meet with 9/11 Commission April 29(Not under oath!)
http://www.voanews.com/article.cfm?objectID=9938346C-11D6-480A-855CFC2083ADA0A7The Post 9/11 Timeline:
http://america.post911timeline.org/9/11 Prior Knowledge/Government Involvement Archive:
http://www.propagandamatrix.com/archiveprior_knowledge.html
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Comment #3 posted by cloud7 on April 21, 2004 at 17:56:07 PT
Wolf Files: High On Hemp
http://www.abcnews.go.com/sections/Entertainment/WolfFiles/Wolf_Files-1.html
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Comment #2 posted by mamawillie on April 21, 2004 at 17:25:23 PT
The truth!
This is amazing news! How overdue and how satisfying!Mama
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Comment #1 posted by Sam Adams on April 21, 2004 at 17:16:04 PT
What do Ashcroft & Walters have to say NOW?
They never get any comments from the high priests of prohibition when we win.There are some pissed off thugs in uniforms out there tonight! Where will they cruise in their $40,000 SUV's this fall? Not up WAMM's road, that's for damn sure.
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