cannabisnews.com: Letters To Lockyer From Peter McWilliams





Letters To Lockyer From Peter McWilliams
Posted by FoM on November 12, 1999 at 08:54:27 PT
By Thomas J. Ballanco 
Source: PeterTrial
Here is a letter from my attorney to the Attorney General of California, Bill Lockyer. I think it is time for a letter writing and fax campaign to the Attorney General asking that he take the federal government to court over Proposition 215 (now the California Health and Safety Code Section 11362.5). 
This is especially true of California residents, although all are welcome to take part. Bill Lockyer Attorney General 1300 "I" Street Sacramento, CA 95814 Fax: 916-445-6749 Thank you. Enjoy, Peter THOMAS J. BALLANCO, Esq. 8581 SANTA MONICA BLVD. # 468 LOS ANGELES, CA 90069 310-291-3659 November 11, 1999 Dear Attorney General Lockyer, As you may recall, I am the attorney who represents AIDS patient Peter McWilliams in the medical marijuana case of United States v. Peter McWilliams, et. als. On Monday, the government amended its indictment, dropping all counts related to any alleged intent to distribute marijuana. This case is now about Peter McWilliams and cancer-patient Todd McCormick and the medical marijuana plants they are each alleged to have manufactured for their personal medical needs-conduct expressly sanctioned by California state law. Ultimately this is a case about sovereignty and ought, therefore, to be decided among sovereigns. Peter McWilliams acted in compliance with a popular state law and expected California Constitution Article III § 3.5 to protect him. The federal government, which has not given an inch-even despite the release of its own Institute of Medicine Report-selected certain California patients for prosecution as a message to all the others. Now Peter McWilliams is being crushed against the state's inaction. The Compassionate Use Act is a valid state law and under our State Constitution, "An administrative agency has no power . . . to declare a statute unenforceable or to refuse to enforce a statute on the basis that federal law or federal regulations prohibit the enforcement of such statute unless an appellate court has made a determination." CA Const. Art. III § 3.5. No appellate court has made such a determination as the Attorney General has yet to fulfill his constitutional duty to challenge the federal government's interference with California's right to determine its own medical policy. In light of the federal district court judge's rulings last week, effectively eviscerating our defenses, only a miracle now stands between Peter McWilliams and a ten-year mandatory minimum term in prison. Even if successful on appeal, this would require Mr. McWilliams to spend at least nine months to a year in federal prison. For an AIDS patient with a severely weakened immune system, such as Mr. McWilliams, any prison sentence is tantamount to a sentence of death. I do not know what it will take to spur the State to action on this issue. Article V Section 13 of the California Constitution charges the Attorney General with "the duty to see that the laws of the state are uniformly and adequately enforced." The Compassionate Use Act is not being enforced adequately and is not being supported against the federal onslaught, certainly not here in Peter McWilliams' case. Is there any doubt that marijuana is an effective medicine? That in certain cases medical marijuana is the only effective therapy for ailments such as chemotherapy-induced nausea and AIDS wasting? If there is doubt, see the IOM Report. If there is no doubt, take a stand with Peter McWilliams on behalf of the State of California. The choice of the voters in the richest and most populous State should be given some deference by the federal government, especially when its position is bolstered by the federal government's own scientific and medical evidence. Prior to his arrest, Peter McWilliams was an author at the peak of his creative career. He was pursuing dozens of book projects and was poised to take full advantage of his proven knack for Internet development and marketing. These projects would have brought hundreds of millions of dollars into his publishing company. Instead Peter lies near death, about to declare both personal and professional bankruptcy, with nothing but the prospect of incarceration dominating his future. All because he followed a state law, one that he expected you to follow as well. [See Cal. H&S § 11362.5(b)(1)(C) directing "the federal and state governments to implement a plan to provide for the safe and affordable distribution of marijuana to all patients in medical need of marijuana."] Of course, Mr. McWilliams' estate will pursue every possible legal avenue for recovery in the event that he dies as a result of this prosecution and the State's inaction. But there is no monetary value that could ever compensate for the State's failure to act to avert this clearly avoidable tragedy. If you choose not to act, then Mr. McWilliams intends to revise and re-file the lawsuit he filed last year against Attorney General Lungren (copy enclosed). This lawsuit was withdrawn after you took office as a courtesy to provide you with time to implement the Compassionate Use Act using your own methods. However, now that Peter McWilliams is forced to stand alone against the full brunt of this federal prosecution, with no discernible defense, he is prepared to take action against you in your capacity as Attorney General. There is still time to aid Mr. McWilliams in his struggle. Mr. McWilliams demands that you file an immediate action in federal court on behalf of the State of California insisting that federal authorities no longer frustrate the purposes of the Compassionate Use Act. He also demands that you request the district court to stay the McWilliams trial (scheduled to begin on November 30, 1999) until such time as the matter between the State of California and the federal government is resolved. Please call me if you have any further questions or if I can be of any assistance with the federal litigation. Thank you for your time and consideration.Sincerely, Thomas J. Ballanco Related Articles & Web Sites:PeterTrialhttp://www.petertrial.com/ Medical Marijuana Magazinehttp://MarijuanaMagazine.com/McWilliams.comhttp://McWilliams.com/Vote On Medical Marijuanahttp://www.vote.com/Prop. 215 Cases - 11/11/99http://www.cannabisnews.com/news/thread3642.shtmlNew York Times Article:LA Drug Case Bars Medical Marijuana Defense - 11/07/99http://www.cannabisnews.com/news/thread3585.shtmlJudge Bars Medical Need, Prop. 215 as Defense - 11/06/99http://www.cannabisnews.com/news/thread3576.shtmlU.S. District Judge Bars Medical Necessity Defense - NORMLhttp://www.cannabisnews.com/news/thread3641.shtml 
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