Pubdate: Wed, 25 Sep 2002
Source: San Jose Mercury News (CA)
Copyright: 2002 San Jose Mercury News
Contact:  http://www.bayarea.com/mld/mercurynews
Details: http://www.mapinc.org/media/390
Bookmark: http://www.mapinc.org/raids.htm (Drug Raids)
Bookmark: http://www.mapinc.org/find?115 (Cannabis - California)

COUPLE SUE FOR RETURN OF POT TAKEN IN RAID

A Santa Cruz County couple whose medicinal marijuana farm was raided by 
federal drug agents earlier this month have filed suit in federal court to 
get back their confiscated cannabis, launching a case that could challenge 
the federal government's right to regulate medicinal marijuana.

Michael and Valerie Corral, who run the Wo/Men's Alliance for Medical 
Marijuana, argued the Sept. 5 seizure of 167 marijuana plants from the farm 
near Davenport was unconstitutional and needlessly brutal.

A spokesman for the U.S. Drug Enforcement Administration said the agency's 
raid was legal and reasonable and that it had no intention of returning the 
marijuana.

"In the United States, marijuana is an illegal substance," said DEA Special 
Agent Richard Meyer. "Our job is to take it off the streets. We would be 
failing our duty if we were to return a dangerous drug into the community."

U.S. District Judge Jeremy Fogel will consider the case at 9 a.m. on Nov. 4.

WAMM grows and distributes free marijuana to 230 patients with AIDS, cancer 
and neurological diseases who have written approval from their doctors. It 
has operated under an agreement with the Santa Cruz County sheriff's office 
since Californians in 1996 approved Proposition 215 to legalize medicinal 
marijuana.

The Corrals argue the raid was unconstitutional on a number of grounds, 
including a claim that it exceeded the federal government's authority under 
the 10th Amendment to regulate interstate commerce because the 
organization's marijuana was grown and used locally.
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MAP posted-by: Jay Bergstrom