Pubdate: Wed, 01 Dec 2004 Source: Register-Pajaronian (CA) Copyright: 2004 Register-Pajaronian Contact: http://www.zwire.com/news/newslist.cfm?brd=1197 Details: http://www.mapinc.org/media/2525 Author: Amanda Schoenberg Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal) WAITING TO EXHALE Locals React to Pot Hearing Held by the Supreme Court Eladio Acosta, a 20-year Watsonville resident from the Philippines, is one local medical marijuana user nervously awaiting results of a Supreme Court hearing that began Monday on federal prosecution of pot users protected by state statutes. Acosta, a former chef, began a debilitating round of chemotherapy last month after doctors discovered cancer for the third time in March. He uses marijuana five times per day to stimulate his appetite, control dizzy spells and let him sleep. Acosta, 55, is a member of the Santa Cruz cooperative Wo/men's Alliance for Medical Marijuana, which provides medical marijuana to sick patients free of charge. Santa Cruz County has come out in support of medical marijuana users. Most recently, a unanimous decision in October by the Board of Supervisors allowed medical pot users to possess up to three pounds of dried cannabis buds per year and grow a 100-square foot canopy of mature female plants, which typically yields about three pounds of dried buds per year. The county ruling came after state voters approved Proposition 215 in 1996, allowing patients and caregivers to cultivate or possess pot with physician approval. In January, state law SB420 allowed counties to set higher amounts than the state limit of eight ounces of dried marijuana and no more than six mature or 12 immature plants per patient. Local law enforcement is in "kind of a wait and see mode right now" until the court rules on the case, said Chief Deputy Steve Robbins of the Santa Cruz County Sheriff's Office, who will assume the top position when Sheriff Mark Tracy steps down on Thursday. Pending a ruling on the federal case, Robbins said he would look to the state Attorney General for guidance, but until then would proceed under state and county guidelines. "Locally, the state law is the state law," he said. Santa Cruz attorney Ben Rice, who represents WAMM, attended the hearings Monday in Washington. Although he was encouraged by "tough questions" asked by justices John Paul Stevens, Ruth Bader Ginsburg and Sandra Day O'Connor, he said it would take an "unusual coalition of justices to win this." Although the federal case will not reverse local law, many sick patients would be forced to grow their own marijuana, Rice said. While he is encouraged by local law enforcement's support, he said the federal government supersedes local rules. "There's nothing to stop the feds," he added. "They can just bust anybody they want." A ruling in the case is not likely until WAMM starts its next garden, Rice said, when members may have to evaluate whether they are willing to go to jail for their beliefs, he said. Daniel Abrahamson, an Oakland-based attorney for the Drug Policy Alliance, which filed an amicus brief in the pending case, estimated that of 100,000 California medical marijuana users, there have only been a handful of attacks by federal agents. Acosta said he feared any possible crackdown, adding that he cannot afford to purchase marijuana. WAMM helped a lot for me," Acosta said. "I don't want to buy outside, I don't want to be in trouble ... pray for me, pray for my treatment." Acosta joined WAMM in filing a successful injunction against the federal government last April after federal agents raided the cooperative's Davenport garden in 2002, and WAMM co-founders Mike and Valerie Corral were imprisoned briefly. Following the 2002 raids, Santa Cruz city and county officials actively supported a WAMM marijuana handout to patients at a City Hall media event. County Supervisor Mardi Wormhoudt said she was hopeful that Supreme Court state's rights advocates would rule against federal pot enforcement. She conceded that a negative ruling would make county efforts to protect medical marijuana users from federal interference "very difficult." - ---