Federal Court Could Allow City to Create Medical Marijuana Shop

[BluntKilla]

A federal judge will decide if medical marijuana patients and a proposed city-owned dispensary should be protected from federal prosecution.

American Civil Liberties Union attorneys and other lawyers presented arguments to a San Jose federal court Friday in a case aimed at forcing the U.S. government to recognize California's 10-year-old medical marijuana law and to allow Santa Cruz to establish an Office of Compassionate Use — the nation's first government-owned medical pot shop.

The lawsuit against U.S. Attorney General Alberto Gonzales and the Drug Enforcement Administration began after a federal raid of the Wo/Men's Alliance for Medical Marijuana in 2002. The case since has grown to include the city and county of Santa Cruz.

Justice Department attorney Mark Quinlevin asked the court to dismiss the case, which would leave the state's medical marijuana law intact but leave users and providers vulnerable to arrest by federal agents.

No decision was made Friday by federal Judge Jeremy Fogel. His verdict could come in several months to a year.

"The federal government seeks to limit access to medical marijuana," said Graham Boyd, director of the ACLU Drug Law Reform Project. "The government needs to accept that, at least for some people, this is the only medicine keeping them alive."

City leaders voted in October to create a new department to distribute marijuana to seriously ill patients, but only if the federal government guaranteed the operation would be allowed to run without federal interference.

The city's effort to form a compassionate-use office tests the state's right to enact the medical marijuana law that voters passed in 1996, Proposition 215, which allows some patients to use marijuana. Santa Cruz aims to provide the drug to qualified patients at a reasonable price, proponents say, in a safe environment.

"If it were legal we might contract with Longs pharmacy," Councilman Mike Rotkin said. "They provide morphine, why not marijuana? This is not a recreational issue, and we wish the government would see that."

Marijuana co-op founders Mike and Val Corral were taken to federal holding cells in San Jose after the raid in 2002 and released later that day.

They contend some patients, such as those undergoing chemotherapy or treatment for HIV and AIDS, should be able to use marijuana to ease pain, reduce nausea and stimulate appetite.

"If people are dying, they have enough to worry about," Mike Corral said. "This case is really important for America in general. It has far reaching and broad impacts for life in America."

The federal government has been steadfast in viewing marijuana as a dangerous and illegal drug, and has challenged its use and distribution, shutting down medical co-ops and confiscating marijuana.

In June 2005, the U.S. Supreme Court ruled that medical marijuana users can be prosecuted by the federal government.

NewsHawk: BluntKilla - 420 Magazine
Source: Santa Cruz Sentinel
Author: SHANNA McCORD
Copyright: Copyright © 1999-2006 Santa Cruz Sentinel
Contact: smccord@santacruzsentinel.com
Website: Santa Cruz Sentinel - Online Edition

[Pinch]

Now this should be very interesting. Santa Cruz is very hip.

[JohnnyBlazed]

Bluntkilla....thanks for that article....Pinch........as you said, this IS going to be very interesting. Landmark case if we win!!!!

[BluntKilla]

Originally Posted by BluntKilla

"If people are dying, they have enough to worry about," Mike Corral said. "This case is really important for America in general. It has far reaching and broad impacts for life in America."]

this is a great quote... this conflict is going to far between county laws and federal law, there needs to be a breaking point

Originally Posted by BluntKilla

The federal government has been steadfast in viewing marijuana as a dangerous and illegal drug, and has challenged its use and distribution, shutting down medical co-ops and confiscating marijuana.
[/URL]

this is bullshit, the gov. needs to do new research on medical marijuana or just listen to others' research... this gets me very upset and angry, "dangerous", how can the gov. still label marijuana as dangerous... it isnt physically addictive.. new studies show it doesnt cause lung cancer like all those anti-drug commercials said 2-3 years ago... im clueless?

[PurpleMaster]

Marijuana has never been dangerous, to whom, the worst that can happen is u somke to much u pass out or u smoke urself sober. fuck the government they dont know anything. but its getting very interesting. im glad im high right now cuz then i would really be pissed