T
The420Guy
Guest
Medical marijuana users and growers in California could cite state law as a
defense against federal prosecutors who criminalize their actions, under a
bill planned by three federal lawmakers.
U.S. Reps. Sam Farr, D-Carmel, and Lynne Woolsey, D-Petaluma, plan to
co-sponsor the bill next month with Rep. Dana Rohrbacher, an Orange County
Republican.
The proposed legislation comes in the wake of stepped-up federal raids on
medical marijuana gardens over the past year, including one at a Santa Cruz
County cooperative last September.
The legislation also comes after marijuana guru Ed Rosenthal was convicted
on federal charges of growing pot in Oakland in a trial during which his
lawyers weren't allowed to mention he was growing it for Oakland's medical
marijuana patients.
"The purpose of this bill is to allow defendants in federal criminal trials
to introduce evidence that their marijuana-related activity was performed
for a valid medical purpose under state law," Farr said in a written statement.
Farr is to be honored today in Sacramento during a press conference hosted
by the marijuana advocacy group Americans for Safe Access. He was to be
joined by family members of people recently convicted on federal marijuana
charges.
Eight states have approved medical marijuana use, but the bill recognizing
state marijuana law is likely to face an uphill battle in a
Republican-controlled Congress.
Rohrbacher said the bill was a reasonable approach to settling the conflict
between federal and state laws.
"As far as I know, it is the people of the state who are supposed to be
determining criminal laws," he said by telephone Wednesday. "I just think
that if the majority of people in a state vote to permit people to use
marijuana for medical purposes, the federal government should not interfere
with that."
The tension between federal enforcement and state laws was highlighted in
Santa Cruz County during last September's raid of the Wo/Men's Alliance for
Medical Marijuana's Davenport garden.
About 167 plants were uprooted by federal drug agents, and co-founders Mike
and Valerie Corral were briefly jailed. No charges have been filed.
Ben Rice, an attorney for the cooperative, said that while he wasn't
optimistic a federal measure would pass, he welcomed the proposed legislation.
"The WAMM and Rosenthal cases have really galvanized national attention to
the problem we have here," Rice said. "I think this is a terrific move."
While the DEA hasn't filed charges, WAMM has gone on the offensive, filing
suit against the feds.
Having lost the first round of a court battle to get the marijuana back,
the group is appealing the decision.
The group also plans to seek an injunction prohibiting similar raids in the
future. The county and city have voted to join that suit as plaintiffs.
Pubdate: Thu, 20 Feb 2003
Source: Santa Cruz Sentinel (CA)
Copyright: 2003 Santa Cruz Sentinel
Contact: editorial@santa-cruz.com
Website: Santa Cruz Sentinel: Breaking News, Sports, Business, Entertainment & Scotts Valley News
defense against federal prosecutors who criminalize their actions, under a
bill planned by three federal lawmakers.
U.S. Reps. Sam Farr, D-Carmel, and Lynne Woolsey, D-Petaluma, plan to
co-sponsor the bill next month with Rep. Dana Rohrbacher, an Orange County
Republican.
The proposed legislation comes in the wake of stepped-up federal raids on
medical marijuana gardens over the past year, including one at a Santa Cruz
County cooperative last September.
The legislation also comes after marijuana guru Ed Rosenthal was convicted
on federal charges of growing pot in Oakland in a trial during which his
lawyers weren't allowed to mention he was growing it for Oakland's medical
marijuana patients.
"The purpose of this bill is to allow defendants in federal criminal trials
to introduce evidence that their marijuana-related activity was performed
for a valid medical purpose under state law," Farr said in a written statement.
Farr is to be honored today in Sacramento during a press conference hosted
by the marijuana advocacy group Americans for Safe Access. He was to be
joined by family members of people recently convicted on federal marijuana
charges.
Eight states have approved medical marijuana use, but the bill recognizing
state marijuana law is likely to face an uphill battle in a
Republican-controlled Congress.
Rohrbacher said the bill was a reasonable approach to settling the conflict
between federal and state laws.
"As far as I know, it is the people of the state who are supposed to be
determining criminal laws," he said by telephone Wednesday. "I just think
that if the majority of people in a state vote to permit people to use
marijuana for medical purposes, the federal government should not interfere
with that."
The tension between federal enforcement and state laws was highlighted in
Santa Cruz County during last September's raid of the Wo/Men's Alliance for
Medical Marijuana's Davenport garden.
About 167 plants were uprooted by federal drug agents, and co-founders Mike
and Valerie Corral were briefly jailed. No charges have been filed.
Ben Rice, an attorney for the cooperative, said that while he wasn't
optimistic a federal measure would pass, he welcomed the proposed legislation.
"The WAMM and Rosenthal cases have really galvanized national attention to
the problem we have here," Rice said. "I think this is a terrific move."
While the DEA hasn't filed charges, WAMM has gone on the offensive, filing
suit against the feds.
Having lost the first round of a court battle to get the marijuana back,
the group is appealing the decision.
The group also plans to seek an injunction prohibiting similar raids in the
future. The county and city have voted to join that suit as plaintiffs.
Pubdate: Thu, 20 Feb 2003
Source: Santa Cruz Sentinel (CA)
Copyright: 2003 Santa Cruz Sentinel
Contact: editorial@santa-cruz.com
Website: Santa Cruz Sentinel: Breaking News, Sports, Business, Entertainment & Scotts Valley News
