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The420Guy
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Ruling Says Santa Cruz Cooperative Fails To Show Federal
Government
A federal judge has dismissed an effort by the city and county of
Santa Cruz and a medical marijuana cooperative to get a court order
halting federal raids against California's pot clubs.
U.S. Judge Jeremy Fogel of San Jose wrote he's "acutely mindful of the
suffering" patients have demonstrated "and of the evidence that
medicinal marijuana has helped to alleviate that suffering. As it
commented at oral argument, the Court finds the declarations of the
Patient-Plaintiffs deeply moving."
But while California voters have approved medical use of marijuana,
"the legislative and executive branches of the federal government have
a different view, and in a federal system that view is controlling
unless the federal government is acting in excess of its
constitutional powers."
Such a showing hasn't been made, Fogel said in dismissing the case but
leaving the plaintiffs an opportunity to amend and refile it.
The city and county, along with the Wo/Men's Alliance for Medical
Marijuana (WAMM) in Davenport, had sued in response to the federal
Drug Enforcement Administration's Sept. 5, 2002 raid upon WAMM. DEA
agents seized and destroyed WAMM's plants, but never filed any charges
against operators Valerie and Michael Corral.
This lawsuit marked the first time local governments had joined a
lawsuit seeking to stop federal interference with California's 1996
medical marijuana law.
"Sadly, the court's decision runs against justice, compassion and
humanity, and will cause more people to suffer needlessly," said
Daniel Abrahamson, the Oakland-based legal affairs director of the
national Drug Policy Alliance and co-counsel for this case's
plaintiffs. "While we are clearly disappointed, we plan to appeal this
decision and fully expect a more favorable outcome in the next court.
Pubdate: Tue, 2 Sep 2003
Source: Tri-Valley Herald (CA)
Copyright: 2003 MediaNews Group, Inc. and ANG Newspapers
Contact: apacciorini@angnewspapers.com
Website: https://www.trivalleyherald.com/
Government
A federal judge has dismissed an effort by the city and county of
Santa Cruz and a medical marijuana cooperative to get a court order
halting federal raids against California's pot clubs.
U.S. Judge Jeremy Fogel of San Jose wrote he's "acutely mindful of the
suffering" patients have demonstrated "and of the evidence that
medicinal marijuana has helped to alleviate that suffering. As it
commented at oral argument, the Court finds the declarations of the
Patient-Plaintiffs deeply moving."
But while California voters have approved medical use of marijuana,
"the legislative and executive branches of the federal government have
a different view, and in a federal system that view is controlling
unless the federal government is acting in excess of its
constitutional powers."
Such a showing hasn't been made, Fogel said in dismissing the case but
leaving the plaintiffs an opportunity to amend and refile it.
The city and county, along with the Wo/Men's Alliance for Medical
Marijuana (WAMM) in Davenport, had sued in response to the federal
Drug Enforcement Administration's Sept. 5, 2002 raid upon WAMM. DEA
agents seized and destroyed WAMM's plants, but never filed any charges
against operators Valerie and Michael Corral.
This lawsuit marked the first time local governments had joined a
lawsuit seeking to stop federal interference with California's 1996
medical marijuana law.
"Sadly, the court's decision runs against justice, compassion and
humanity, and will cause more people to suffer needlessly," said
Daniel Abrahamson, the Oakland-based legal affairs director of the
national Drug Policy Alliance and co-counsel for this case's
plaintiffs. "While we are clearly disappointed, we plan to appeal this
decision and fully expect a more favorable outcome in the next court.
Pubdate: Tue, 2 Sep 2003
Source: Tri-Valley Herald (CA)
Copyright: 2003 MediaNews Group, Inc. and ANG Newspapers
Contact: apacciorini@angnewspapers.com
Website: https://www.trivalleyherald.com/
