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Supporters of medical marijuana optimistic
By Hempology | July 15, 2007
Santa Cruz Sentinel, CA
14 Jul 2007
Sean Aronson
JUDGE KEEPS DOOR OPEN FOR WAMM’S MEDICAL MARIJUANA CASE
SAN JOSE — A Santa Cruz marijuana collective raided by federal agents in 2002 made its case for the right to grow medical pot in court Friday.
Though no ruling was issued, supporters of the group, Wo/Men’s Alliance for Medical Marijuana, said they’re encouraged by the judge’s response.
U.S. District Court Judge Jeremy Fogel heard arguments on the federal government’s motion to dismiss the suit, which alleges the raid five years ago at WAMM’s Davenport garden was outside the law, given the legality of medical marijuana in California. The county and city of Santa Cruz are signed on as plaintiffs in the suit.
Many court observers believed Fogel would dismiss the case because of precedent to support federal law over state law. But he did not rule Friday, saying he would release a decision at a later date, providing hope for WAMM supporters.
“I’m quite optimistic after today’s proceedings,” said Gerald Uelman, a lawyer for the plaintiffs. Uelman said Fogel took the arguments under serious consideration and “appeared persuaded”
Fogel did not specify when his ruling would be released.
Uelman and a team of lawyers representing WAMM argued that, under the 10th Amendment, the federal government cannot intervene in the affairs of the state, unless explicitly stated in the Constitution. The lawyers said this was especially true as it concerns an individual’s right to medicine.
In 1996, California voters passed Proposition 215, the Compassionate Use Act, making marijuana legal for medical purposes.
But all marijuana use is illegal under to the federal Controlled Substances Act, hence the conflict.
The case represents one of the first challenges to the federal government’s authority to raid marijuana grown exclusively for medical use since the 9th Circuit ruled in favor of the government in the case of Gonzales v. Raich earlier this year.
In that ruling, the 9th Circuit Court said the federal government had the authority to confiscate marijuana from Angel Raich, an Oakland woman using medical marijuana. The defense unsuccessfully argued Raich had a legal right to use marijuana because of medical necessity.
The current case stems from a federal raid at WAMM’s Davenport farm in September 2002. More than 20 armed federal agents descended on the property, arrested owners Valerie and Michael Corral and seized 165 pot plants. Neither were charged in the aftermath of the raid, but their plants were not returned.
More than 50 WAMM members were in attendance Friday to support the attorneys representing the collective. At least 15 people were not allowed inside due to overcrowding.
“I think the judge realizes this impacts a lot of people,” said Hal Margolin, a plaintiff. Margolin has been a member of WAMM for seven years and suffers from leukemia. He said he is hopeful the case will be allowed to proceed.
Lawyers representing the U.S. Attorney’s Office could not be reached for comment.
The case is County of Santa Cruz v. Alberto Gonzales.
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