cannabisnews.com: U.S. Judge Won't Halt Pot Raids of Clubs U.S. Judge Won't Halt Pot Raids of Clubs Posted by CN Staff on August 31, 2003 at 08:58:37 PT By Josh Richman, Staff Writer Source: Oakland Tribune 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 re-file 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.Note: Jurist dismisses lawsuit but leaves plaintiffs a chance to amend and re-file.Source: Oakland Tribune (CA)Author: Josh Richman, Staff WriterPublished: Sunday, August 31, 2003 Copyright: 2003 MediaNews Group, Inc. Contact: triblet angnewspapers.com Website: http://www.oaklandtribune.com/Related Articles & Web Sites:WAMMhttp://www.wamm.org/Drug Policy Alliancehttp://www.drugpoliy.org/WAMM Raided - September 5, 2002 http://freedomtoexhale.com/valc.htm Pot Club To Fight Court Decision http://cannabisnews.com/news/thread17186.shtmlJudge Deals Blow To Pot Farm http://cannabisnews.com/news/thread17176.shtmlJudge Refuses To Block Raids of Marijuana Farm http://cannabisnews.com/news/thread17175.shtml Home Comment Email Register Recent Comments Help Post Comment