cannabisnews.com: Supreme Court To Hear Medical Pot Case





Supreme Court To Hear Medical Pot Case
Posted by CN Staff on November 26, 2004 at 09:52:59 PT
By Brian Seals, Sentinel Staff Writer
Source: Santa Cruz Sentinel
Santa Cruz -- The eyes of the area’s medical marijuana community will be on the nation’s capital this week. On Monday, the U.S. Supreme Court is scheduled to weigh the extent of the federal government’s authority in enforcing marijuana laws in states that have approved it for medical use.
Whatever the court decides in Raich v. Ashcroft would have a major impact on the Santa Cruz-based cooperative Wo/men’s Alliance for Medical Marijuana. The 250-member group won an injunction last April, based on the Raich case, prohibiting raids on its garden, making it a legal pot farm for the time being.That injunction hinges on the high court’s ruling."If Raich loses, we lose as well," said Santa Cruz attorney Ben Rice, who represents WAMM and who will be at the hearing.In December 2003, the 9th U.S. Circuit Court of Appeals ruled in the Raich case 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. A three-judge panel ruled that prosecuting medical marijuana users under that act is unconstitutional if the marijuana is being used for medical purposes and is not sold or transported across state lines. WAMM used that same argument, based on the court’s decision in the Raich case, in winning an injunction this past April against the federal government that prohibited future raids of its Davenport garden. The group grows pot as a collective and does not buy or sell it.If the Supreme Court rules for the government, that injunction would likely go up in smoke. "If Raich is successful, that injunction would likely become permanent and will end the feds coming in and messing with WAMM," Rice said. "If Raich loses, and WAMM loses as a result, it doesn’t overturn California’s medical marijuana law. It just gives the feds extra power so they can come in and bust cooperatives."A ruling in favor of the federal government would affect how WAMM operates as well as the legal status of its co-founders, Mike and Valerie Corral. "It would mean WAMM would have to redefine itself," Valerie Corral said. "We’re not certain what that is for now. We’ll continue doing what we have to do."The Raich case highlights the tension between the dozen states that have approved pot for medical use and the federal government, which classifies it as an illegal drug like heroin. Patients say they smoke it to relieve such symptoms as pain and nausea. Santa Cruz resident Hal Margolin uses it for pain caused from neuropathy.Pharmaceutical drugs had negative side effects, he said, and marijuana helps him cope with the pain."It’s my government, it’s your government," Margolin said. "I feel I have a medical right to use the medicine of my choice to carry on doing what I need to achieve in life."The federal government has viewed the issue much differently, of course.In the Raich case, local police had asked for assistance from the Drug Enforcement Administration. While state law governed the local police, DEA agents were obliged to seize the pot, said DEA spokesman Richard Meyer.Even the DEA looks forward to the Supreme Court’s decision."We need more clarification on this," Meyer said. WAMM’s garden was raided in September 2002 when federal agents uprooted 167 of its plants. Mike and Valerie Corral were briefly jailed, but no charges have been filed. Valerie fears a negative ruling in the Raich case would lead to prosecution of her and Mike for those seized plants.The Davenport raid drew outrage from area elected officials and led to a medical marijuana giveaway to about a dozen of the cooperative’s patients on the steps of Santa Cruz City Hall a few weeks after the raid.Valerie Corral said she is hopeful for a favorable outcome for the cooperative. "These patients are suffering and it is difficult to turn your back on that," she said. Note: Ruling could legalize local marijuana farm.Source: Santa Cruz Sentinel (CA)Author: Brian Seals, Sentinel Staff WriterPublished: November 26, 2004 Copyright: 2004 Santa Cruz SentinelContact: editorial santa-cruz.comWebsite: http://www.santacruzsentinel.com/Related Articles & Web Sites:WAMMhttp://www.wamm.org/Angel Raich v. Ashcroft Newshttp://freedomtoexhale.com/raich.htmPictures From WAMM Protesthttp://freedomtoexhale.com/eventpics.htmHope for Healinghttp://cannabisnews.com/news/thread19885.shtmlPot Group Wins Legal Roundhttp://cannabisnews.com/news/thread18708.shtmlAppeals Court OKs Medicinal Pothttp://cannabisnews.com/news/thread17987.shtml
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