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WAMM Files Federal Motion for Return of Marijuana Seized in Dispensary Raid

"They can arrest us, try to intimidate us, try to take everything we've worked for," said Corral. "The federal government knows this is the end. All their screaming and busting people and guns and threats can't stop us. We have the truth."
WAMM Files Federal Motion for Return of Marijuana Seized in Dispensary Raid

www.drcnet.org/wol/256.html

The same week that protestors took to the streets in Sacramento,
movement lawyers were opening up a new legal front in the medical
marijuana wars in San Jose. Attorneys for the Wo/Men's Alliance
for Medical Marijuana (www.wamm.org), the Santa Cruz
medical marijuana co-op whose garden was raided by the DEA on
September 5, filed a motion in US District Court in San Jose
Wednesday seeking the return of 130 seized marijuana plants, as
well as personal property belonging to WAMM founders Mike and
Valerie Corral.

The legal team, led by constitutional law expert and Santa Clara
University law professor Gerald Uelmen, plans to argue that the
federal government has no role in California's medical marijuana
laws, Uelmen told the Bay City News Report. Because WAMM did not
sell medical marijuana and thus did not engage in commerce, the
state -- not the federal government -- should have jurisdiction,
Uelman argued.

"[The WAMM case] is ideal because we have such a strong showing
that there's no commercial transaction involved," Uelmen said.
"This is not a case where the government is closing down a
storefront where marijuana is being sold to patients. This is not
a drug store."

According to Uelmen, the WAMM case could end up as a test case for
the US Supreme Court, which has moved under the stewardship of
Chief Justice William Rehnquist to take authority from the federal
government and return it to the states. The DEA's raid on WAMM
represents a new assertion of federal authority, said Uelmen.

"The federal government is saying now that we have plenary
authority to tell doctors how to practice medicine," and that has
always been a state-controlled area, Uelmen said.

DEA San Francisco spokesman Richard Meyer was dismissive. While
he told the Bay Area News Report he could not discuss specifics of
the WAMM case, he scoffed at the idea that the DEA would ever
return the seized medical marijuana. "We're not a marijuana
distribution center," Meyer said. "We seize drugs."

The motion is set to be heard by US District Court Judge Jeremy
Fogel on November 4, but WAMM lawyers warned that more legal mores
are forthcoming. "This is only our first salvo," said WAMM co-
counsel Ben Rice of Wednesday's motion.

The DEA raid on the squeaky clean WAMM operation may have turned
out to be a major tactical blunder. It has sparked a nationally
covered medical marijuana giveaway at Santa Cruz city hall with
the support of city officials. It has caused lethargic state
officials, such as Attorney General Bill Lockyer and Governor Gray
Davis, to finally rouse themselves on behalf of their
constituents. And it has inspired an ever increasing spirit of
resistance from the movement.

And if they wanted to shut up Valerie Corral, they erred badly.
The co-founder of WAMM appeared in Sacramento and was clearly
unbowed. "We need more nonviolent resistance," she told an
appreciative crowd. "They can arrest us, try to intimidate us,
try to take everything we've worked for," said Corral. "The
federal government knows this is the end. All their screaming and
busting people and guns and threats can't stop us. We have the
truth."
 
 


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SCruz Judge Returns Med Pot in Similar Case!

http://www.santacruzsentinel.com/archive/2002/September/28/local/stories/01local.htm

Judge frees medical-pot patient, returns stash
By JASON SCHULTZ
Sentinel staff writer
SANTA CRUZ Federal prosecutors might not respect the state law that allows people to grow marijuana for medical use, but a judge in Santa Cruz County does.

Medical-marijuana user Greg Brown walked out of the courthouse Wednesday a free man with a legal bag of marijuana.
...
www.santacruzsentinel.com/archive/2002/September/28/local/stories/01local.htm
 

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