WAMM, COUNTY AND CITY LAWSUIT SEEKS TO CURB FEDERAL AUTHORITY

Federal authorities overstepped their constitutional powers in September
when they raided an area medical marijuana cooperative's garden and should
be prohibited from doing so again, a lawsuit filed Tuesday in federal court
contends.

As expected, the Santa Cruz-based Wo/men's Alliance for Medical Marijuana,
along with the county and city of Santa Cruz, sued the U.S. government,
seeking an injunction against similar raids. Six WAMM members are also
plaintiffs.

The suit targets Attorney General John Ashcroft, federal drug czar John
Brown and acting Drug Enforcement Administration chief John Walters.

About 70 WAMM members, the group's attorneys and a few local elected
officials, including county Supervisor Mardi Wormhoudt and Santa Cruz Mayor
Emily Reilly, gathered on the steps of the County Government Center on
Wednesday morning to announce the filing. Neither the city nor county is
spending money on action.

The suit's outcome will be watched closely by other states with medical
marijuana laws, said Neha Nissen, an attorney with the San Francisco law
firm of Bingham McCutchen.

The suit, filed in federal court in San Jose, hinges in part on whether the
marijuana club's activities should be considered interstate commerce and,
therefore, subject to federal authority, said WAMM attorney Gerald Uelmen.

Uelmen contends that because WAMM doesn't sell marijuana or distribute it
across state lines, it is not interstate commerce.

"This is a closed distribution system," Uelmen said. "It doesn't enter into
the stream of interstate commerce."

The suit also claims immunity from criminal penalties for WAMM co-founders
Michael and Valerie Corral, because they were deputized in December by the
Santa Cruz City Council. That protects them from criminal liability, the
suit contends.

The suit also claims the seizures violate a patient's right to "control the
circumstances of their own deaths."

Medical pot supporters say using the drug helps alleviate pain and nausea
in ways traditional drugs do not.

Drug Enforcement Agency spokesman Richard Meyer said he could not comment
on pending litigation. However, Meyer disputed claims the DEA was picking
on sick people.

"Our job is to target marijuana distributors," Meyer said.

Meyer also said medicinal drugs are regulated by the Food and Drug
Administration, not by popular vote, like the 1996 Proposition 215 in which
Californians approved medical marijuana use upon a doctor's recommendation.

"We feel the California public was misled when that proposition was
passed," Meyer said.

On Sept. 5, federal agents raided WAMM's Davenport garden and uprooted 165
plants. No criminal charges have been filed.

The suit sparked outrage in the Santa Cruz area, and the cooperative staged
a medical marijuana giveaway Sept. 17 on the steps of City Hall with six of
seven council members on hand.


Pubdate: Thu, 24 Apr 2003
Source: Santa Cruz Sentinel (CA)
Copyright: 2003 Santa Cruz Sentinel
Contact: editorial@santa-cruz.com
Website: http://www.santacruzsentinel.com/