Pubdate: Tue, 22 Apr 2003
Source: San Jose Mercury News (CA)
Copyright: 2003 San Jose Mercury News
Contact:  http://www.bayarea.com/mld/mercurynews
Details: http://www.mapinc.org/media/390
Author: David L. Beck, Mercury News
Bookmark: http://www.mapinc.org/find?115 (Cannabis - California)
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)

CITY, COUNTY, MARIJUANA CO-OP TO SUE

Santa Cruz Seeks Halt To U.S. Raids On Medicinal Pot

In what backers of medicinal marijuana say is a legal first, the city and 
county of Santa Cruz are planning to sue the federal government to stop it 
from raiding pot collectives.

The suit is expected to be filed Wednesday in San Jose and to seek an 
injunction against raids such as the one the Drug Enforcement 
Administration staged in September against the Wo/Men's Alliance for 
Medical Marijuana (WAMM), near Davenport.

Plaintiffs include ailing marijuana users and the Drug Policy Alliance as 
well as the city and county.

Attorney Gerald Uelmen, representing the marijuana collective and the 
county, said two things about the planned suit make it unique: that among 
the plaintiffs are terminally ill people who are "asserting their right to 
die and asserting their right to control the circumstances" and that 
government entities are "asserting their right to have primary 
responsibility for the health and safety" of their citizens.

The plaintiffs plan a news conference Wednesday featuring Santa Cruz Mayor 
Emily Reilly on the steps of the county courthouse in Santa Cruz, an event 
reminiscent of the day marijuana was distributed on the steps of Santa Cruz 
City Hall, with Reilly and other city officials looking on.

Reilly and Ellen Pirie, chairwoman of the county board of supervisors, have 
issued declarations of support. Santa Cruz County passed a medicinal 
marijuana law in 1992. The city passed one in 2000.

The planned federal lawsuit is the latest ripple spreading out from the 
DEA's Sept. 5 raid on the WAMM farm, where agents confiscated marijuana 
that the patients were growing and arrested Valerie and Michael Corral, who 
founded the organization.

The Corrals have not been charged. Valerie Corral, who uses marijuana to 
control epileptic seizures, is one of the plaintiffs in the new lawsuit.

Other ripples include:

*  A motion to have the seized marijuana returned. The U.S. 9th Circuit 
Court of Appeals has yet to rule.

*  Two bills in Congress that aim at curbing federal power over medicinal 
marijuana in states that have passed laws permitting it. One, by Rep. Sam 
Farr, D-Salinas, would make medical need a legitimate defense in federal 
marijuana cases. The other, by Rep. Barney Frank, D-Mass., would declare 
federal policy invalid in those states.

*  The deputization of Valerie and Michael Corral by the city of Santa Cruz.

And, Valerie Corral would add: the deaths of 15 WAMM members since the 
raid, which severely restricted the members' ration of marijuana. She said 
the collective still has about 250 members.

In the lawsuit to be filed Wednesday, plaintiffs plan to name U.S. Attorney 
General John Ashcroft, federal drug czar John Walters, and DEA acting 
administrator John Brown as defendants. In addition to an injunction 
against such raids, it intends to ask for a declaration that the government 
has no right to interfere with the operations of WAMM and similar 
organizations.

Uelmen said WAMM is "a patient self-help alliance," as distinguished from a 
buyer's club. At WAMM, "each member receives according to need and returns 
to WAMM according to ability," he said.

Santa Cruz attorney Ben Rice, also representing WAMM and the county, said 
the county will argue that suppressing the group throws a burden on county 
services to care for patients that WAMM would have helped. The city will 
argue that shutting down collectives that have been formally recognized 
under its 2000 ordinance throws severely ill patients into the criminal 
economy for their needs.

Plaintiffs' attorneys declined to release copies of their complaint until 
it is filed. Valerie Corral said it would be on the WAMM Web site 
(www.wamm.org) at that time.
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MAP posted-by: Terry Liittschwager