Pubdate: Tue, 22 Apr 2003
Source: Santa Cruz Sentinel (CA)
Copyright: 2003 Santa Cruz Sentinel
Contact:  http://www.santacruzsentinel.com/
Details: http://www.mapinc.org/media/394
Author: Brian Seals, Sentinel Staff Writer
Bookmark: http://www.mapinc.org/find?115 (Cannabis - California)
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)
Bookmark: http://www.mapinc.org/ashcroft.htm (Ashcroft, John)
Bookmark: http://www.mapinc.org/walters.htm (Walters, John)

CITY, COUNTY JOIN POT LAWSUIT AGAINST DEA

SANTA CRUZ - An area medical-marijuana cooperative is fighting the feds 
with a little help from its friends.

The Wo/men's Alliance for Medical Marijuana plans to sue the federal 
government Wednesday - and the city and county of Santa Cruz are joining in 
the lawsuit.

The suit, which has been planned for months, is expected to be filed in 
federal court in San Jose following a 10 a.m. press conference at the Santa 
Cruz County Government Center.

The suit, which has ramifications for all medical marijuana groups in the 
Golden State, will name Attorney General John Ashcroft, federal drug czar 
John Brown and acting Drug Enforcement Administration chief John Walters.

The alliance is seeking an injunction prohibiting federal agents from 
raiding medical marijuana gardens - like the Sept. 5 raid of the alliance's 
167-plant garden in Davenport.

Attorney Ben Rice, who represents WAMM, said the backing of county and city 
officials is more than symbolic. The suit addresses a legal problem that 
arises for local law enforcement when medical pot patients can't get 
marijuana from a cooperative or buyers club, he said.

"If these people are not able to care for themselves, they have to get 
(marijuana) from the black market, which creates a number of problems," 
Rice said.

County Supervisor Mardi Wormhoudt hopes the suit will clarify murky legal 
issues.

"I think there are significant constitutional questions that need to be 
addressed," Wormhoudt said Monday. "I think there is a question of states' 
rights (vs. federal laws)."

California voters in 1996 approved Proposition 215, which allows doctors to 
recommend marijuana to patients.

The federal government, however, does not recognize the law, and during the 
past two years has stepped up enforcement against medical marijuana clubs 
and cooperatives statewide.

Medical marijuana advocates say the suit could ultimately shape national 
policy.

"I think it's a case that will end up in the Supreme Court," WAMM 
co-founder Valerie Corral said Monday. "We have good reason to believe we 
can effect the kind of national policy that will enable people in our 
communities to create a collective response to the need for medicine."

Medical pot advocates say marijuana helps relieve the pain, loss of 
appetite and nausea of terminally ill patients and those in chronic pain.

The group has about 200 members and is unique in that it shares marijuana 
among members, unlike buyers clubs that sell to patients.

The federal government maintains, however, that marijuana has no medicinal 
value and treats it as an illegal drug.

Calls to the U.S. Department of Justice in San Francisco on Monday were 
referred to the agency's Washington, D.C. office. Attempts to contact a 
Justice Department spokesman there failed.

The suit is the second part of a two-pronged legal attack launched in the 
wake of the Davenport raid. Weeks afterward, the cooperative sued to get 
its plants back.

U.S. District Judge Jeremy Fogel denied the motion to return the plants, 
but did allow the return of computers and personal items. An appeal of that 
decision, to the U.S. 9th Circuit Court of Appeals in San Francisco, is 
also expected Wednesday, Rice said.

Meanwhile, U.S. Rep. Sam Farr, D-Carmel, and others in Congress have 
introduced a bill that would allow, in states that have medical marijuana 
laws, for a medical-necessity defense against federal pot-growing and 
possession charges.

That stems from the conviction on federal pot-growing charges of well-known 
marijuana advocate Ed Rosenthal. His lawyers were barred by the court from 
stating that Rosenthal was growing the marijuana for an Oakland medical 
marijuana club.

As for the September raid, Corral and husband Mike were jailed briefly the 
day of the raid but have yet to be charged.
- ---
MAP posted-by: Terry Liittschwager