cannabisnews.com: WAMM Lawsuit Seeks To Curb Federal Authority WAMM Lawsuit Seeks To Curb Federal Authority Posted by CN Staff on April 24, 2003 at 11:02:22 PT By Brian Seals, Sentinel Staff Writer Source: Santa Cruz Sentinel 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.Complete Title: WAMM, County and City Lawsuit Seeks To Curb Federal AuthoritySource: Santa Cruz Sentinel (CA)Author: Brian Seals, Sentinel Staff WriterPublished: April 24, 2003 Copyright: 2003 Santa Cruz SentinelContact: editorial santa-cruz.comWebsite: http://www.santacruzsentinel.com/Related Articles & Web Sites:WAMMhttp://www.wamm.org/Pictures from WAMM Protesthttp://freedomtoexhale.com/eventpics.htmMedical Pot Seizures Targeted by Santa Cruz http://cannabisnews.com/news/thread16042.shtmlCity Joins Medical Pot Use Lawsuithttp://cannabisnews.com/news/thread16041.shtmlCalifornia City Sues Over U.S. Drug Policy http://cannabisnews.com/news/thread16040.shtml Home Comment Email Register Recent Comments Help Post Comment