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. - --- MAP posted-by: Jay Bergstrom