One Large Step!!!!!!!!

[SnSstealth]

2. Federal Court Rules that DEA's Actions in California May be Unconstitutional

On Wednesday, a federal judge ruled that the DEA crackdown on medical cannabis in California may not be allowed under the 10th Amendment, saying that enforcement of U.S. drug laws can go too far if it seeks to interfere with state authority.

U.S. District Judge Jeremy Fogel of San Jose denied a Bush administration request to dismiss the lawsuit by the ACLU, Santa Cruz city and county officials, and members of the Wo/Men's Alliance for Medical Marijuana (WAMM), a patient collective whose medical cannabis was seized by federal agents in a 2002 raid.

Since 1996, the DEA's aggression in California has included raids of locally regulated dispensaries and collectives, property seizure threats to landlords, attempts to intimidate and punish doctors, and prosecutions of patient caregivers. These tactics have come under fire for years by ASA and others as an attempt to undermine California's constitutional right to enact health care policies that protect patients within our state. This ruling in the United States District Court says that we may have been right all along.

The suit claims federal prosecutors have tried to disrupt the California law by targeting critical participants in the state system - doctors who approved their patients' cannabis use, local officials who issued state-approved identification cards to patients, local governments whose zoning allowed dispensaries, and medical cannabis dispensing collectives who cooperated with local governments. Federal authorities' goal, the plaintiffs alleged, is to make it impossible for the state to distinguish between medical and recreational use of cannabis and render the state law unenforceable, interfering with California's constitutional power to enact its own laws.

Although the U.S. Supreme Court has upheld the federal actions in the past (except for the government's attempt to strip licenses from doctors simply for talking about medical cannabis), Fogel said the plaintiffs in this case may be able to show that the federal government exceeded its constitutional authority by trying to force California to repeal its medical cannabis law. This case addresses the fundamental underlying problem with California's ability to perfect its law: federal interference and undermining of that law. It could be an exciting end to the DEA's attacks on medical cannabis patients in California and across the country!

wrap your lips around THAT and smoke it!!!!
whiskeytango

[8182KSKUSH]

I am going to go out and look for more info on this now! Holy shit shit shit! I have so many questions, I will wait until I get more info but all I can say is HOLY SHIT SHIT ON SHIT STICK!
I am calling Ronnie right now.:D

[SnSstealth]

info from safeaccessnow. Sorry I forgot to put that in there...
Its about time huh?
whiskeytango

[8182KSKUSH]

Ok I am there, having a hard time finding it though? Was this a federal court decision? Please link! PLease!

[SnSstealth]

ASA's Online Discussion Forums / ASA CA Weekly Alert 8-22--08 (http://www.safeaccessnow.org/punbb/viewtopic.php?pid=4893)

[8182KSKUSH]

OK, I found the post on their forum.
What the hell does "may be unconstitutional" mean? Did the federal court come down with a ruling or is it that they are just letting the case go to trial? Anyone have more info or links to more info on this?

[SnSstealth]

In the first decision of its kind, a federal judge has ruled that California's medical marijuana advocates may go forward with a claim that the federal government has a pattern of drug law enforcement intended to subvert California law in violation of the U.S. Constitution.

U.S. District Judge Jeremy Fogel, in San Jose, Calif., said he will allow Santa Cruz County to go forward with its claim that federal authorities deliberately are seeking to frustrate the state's ability to determine whether an individual's use of marijuana is permitted medical use, or illegal recreational use.

Medical marijuana advocates contend the federal government has engaged in a calculated campaign to force states to repeal medical marijuana use laws, in violation of the 10th Amendment, which reserves states' powers.

The U.S. Supreme Court has said the federal government maintains the power to enforce federal marijuana laws, even in the dozen states that have made medical marijuana legal.

But the Court's Gonzales v. Raich ruling left individual state laws untouched.

Santa Cruz passed an ordinance that creates a government office responsible for providing medical marijuana directly to patients, in part to test the reach of the Raich decision.

The lawsuit, County of Santa Cruz v. Gonzales, C03-1802JF, by Santa Cruz County against the U.S. attorney general alleges the federal government has targeted enforcement to make it impossible for California to implement and enforce its law and force the state to recriminalize medical marijuana use.

The suit alleges federal prosecutors threatened to punish California doctors who recommend marijuana, threatened officials who issued medical pot identification cards, interfered with zoning plans to allow pot dispensaries and targeted for arrest those providers who cooperate closely with municipalities.

The suit alleges the actions make it impossible for the state to distinguish between authorized use and unauthorized recreational users in the state.

The federal government responded in papers that the 9th U.S. Circuit Court of Appeals has held the plain terms of the Controlled Substances Act do not violate the 10th Amendment by directing actions of the state. Based on that ruling, federal officials argued the Santa Cruz case had to be dismissed, saying the case is nothing more than a claim of selective enforcement.

Fogel disagreed and allowed the case to proceed.

Federal Judge Backs Medical Pot Activists' Suit Against Government, Feds to be sued // Current (http://current.com/items/89226302_federal_judge_backs_medical_pot_activists _suit_against_government_feds_to_be_sued)

[theforthdrive]

wow, a federal judge standing up! thats crazy. I agree that this is a giant small step. all that was said is that he wouldnt throw the case out because they MAY be on to something! now if this judge has the testicular fortitude to rule in their favor is the real question!

LOL, $20 bucks this guy smokes!

Jeremy Fogel | Stanford Law School (http://www.law.stanford.edu/directory/profile/70/Jeremy%20Fogel/)

[painretreat]

Thanks WT! :thumbsup:

Now that they have seized so much from so many. It is about time!! I am happy to hear this, yet remain reserved!:thumbsup:

Like all legal things, may take too much time! :hippy:

Ole' Arnie has a 'cigar' smoke shack he put at the Capitol office's. Bet he tokes out there, too! If he spent more time doing what he is there for! Not our first Actor Governor though! pr :rastasmoke:

[8182KSKUSH]

Wow,
THis really is a big deal and could have huge implications for anyone (Ronnie) that is currently serving time, or going to trial (In Oct). I think this is worthy of being followed all the way to the end and receiving constant updates of this case here! Mods, is there any way we can have a thread started and stuck just for the purposes of following this case? Please pretty please with keef on top!:D
SnS you have struck gold here. This is the case will hopefully if won, set a new precedent!

[SnSstealth]

Im not at all opposed to a Mod renaming this thread for sticky purposes...I feel this is a great idea, and needs to be followed throughout...I couldn't find another appropriate link, since the original text was from my weekly update email from ASA...
Feel free to do this Mods if ya wish..I will update as I get info from my newsletters, and would love others to update with CREDIBLE info...I hope mine is...lol
whiskeytango

[8182KSKUSH]

Hey I love the title! Very appropriate. Of course they could lose the case, but something in my gut says that they won't!
I attached the actual court document on the decision for all to read.

[8182KSKUSH]

Link to the actual complaint filed as well for your reading pleasure.
http://www.santacruzvsashcroft.com/SantaCruzv_Ashcroft.pdf

[8182KSKUSH]

Well I have my google alert set! Just go to google, type in Santa Cruz vs Ashcroft, then do a "news" search. It should give the results and the option to set an automatic email alert for that item! You will recieve a conformation if done right! I am still looking for more specific info on the where's and when, of the case. As in when the next day they will be going into court ect....I realize that this will probably take a little while, but shit man I can hardly wait to see what happens!:jointsmile:

[8182KSKUSH]

Just a correction, in all my haste I incorrectly posted Santa Cruz v. Ashcroft, it's actually
Santa Cruz v. Gonzales.
Sorry bout that!

[8182KSKUSH]

Just couldn't help myself, here is the ver batum order from the judge!

ORDER
Good cause therefore appearing, IT IS HEREBY ORDERED that:
(1) Plaintiffsâ?? motion for reconsideration is GRANTED;
(2) Plaintiffsâ?? motion for a preliminary injunction is GRANTED;
(3) Defendantsâ?? motion to dismiss is GRANTED with leave to amend as to Plaintiffsâ??
first, second, fourth, and fifth causes of action and DENIED as to Plaintiffsâ?? third
cause of action;
(4) Any amended complaint shall be filed within ninety (90) days of the date of this
Order; and
(5) Counsel for Plaintiffs are directed to prepare a proposed form of order granting the
motion for preliminary injunction; no bond shall be required.

To me this makes it sound like they can continue operating for now. Wow! Could this have any impact on other cases currently in the system? Anyone?

[mmjnoob]

I'm no legal-eagle but I'd imagine the precedent set by the outcome will make a huge difference for pending and future cases.

+rep to Judge Fogel

[8182KSKUSH]

Santa Cruz group wins court OK to grow pot

Ruling allows medical marijuana distribution

Maria Alicia Gaura, Chronicle Staff Writer
Thursday, April 22, 2004

A Santa Cruz medical marijuana collective shut down by federal agents two years ago can grow and distribute marijuana for its patients while its civil lawsuit against the federal government is decided by the courts, a federal judge ruled Wednesday.
The ruling by U.S. District Judge Jeremy Fogel in San Jose marks the first time a court has granted a medical marijuana organization the right to grow the federally outlawed herb without interference from federal drug agents.
The ruling clears the way for the Wo/Men's Alliance for Medical Marijuana in Santa Cruz to challenge the federal government's authority to raid medical marijuana gardens operating within the boundaries of California law.
"This is an incredible victory for us, though we do realize that everything is temporary," said Valerie Corral, the founder and director of the collective. "We are so pleased to be able to begin our garden again."
Federal Drug Enforcement Administration agents raided the collective's marijuana farm on Sept. 5, 2002, seizing 167 plants and detaining several of the group's members.
At the time of the raid, the collective had been operating openly for several years with the explicit support of Santa Cruz city and county officials, including local law enforcement. The group's approximately 250 members, suffering from a variety of serious illnesses, collectively grew marijuana and distributed it to members free of charge.
The federal raid was denounced by Santa Cruz officials, who responded by allowing the group to distribute marijuana from the steps of City Hall -- as an unmarked helicopter repeatedly circled overhead.
Even Attorney General Bill Lockyer protested the raid, firing off a letter to U.S. Attorney General John Ashcroft in which he called the DEA's actions in Santa Cruz a "provocative and intrusive incident of harassment."
The collective's first foray into court was a civil suit demanding the return of items seized in the raid, but it was dismissed by Judge Fogel in December 2002. The case has since been appealed.
In April 2002, the collective and Santa Cruz city and county officials filed suit again, challenging the federal government's authority to interfere with medical marijuana activities that are legal under California law.
Federal authorities claim authority to pre-empt state law under provisions of the Commerce Clause of the U.S. Constitution, arguing that marijuana use of any kind constitutes interstate commerce.
But a December 2003 decision by the Ninth Circuit Court of Appeals in San Francisco in a separate medical marijuana case was cited by Judge Fogel as critical in leading to Wednesday's decision.
In that ruling, the Ninth Circuit found that medical marijuana grown and used by Angel Raich, an Oakland woman suffering from a brain tumor, does not constitute interstate commerce. The appeals court ruled that Raich could use marijuana free from federal prosecution.
The collective will be allowed to grow marijuana at least until the balance of its case challenging the applicability of the commerce clause is decided in Fogel's courtroom.
Fogel dismissed four additional claims against the federal government, narrowing the case to the single issue.
This week, the Justice Department appealed the Raich case to the U.S. Supreme Court.
Fogel's decision was hailed as a victory for patients' rights and states' rights by the collective's jubilant legal team.
"This is wonderful news for the patients who have really endured a good deal of suffering since the raid," said collective attorney and Santa Clara University law Professor Gerald Uelmen. "Since the raid we have lost more than 20 patients, and there is no question but that their deaths were more painful than they needed to be.
"The Raich decision was really the breakthrough, but this (decision) takes it a step further," Uelmen said. "It says there is no difference between a single patient growing their own medicine and a collective group assisting each other to achieve exactly the same purpose." Officials from the Justice Department and the DEA declined to comment on the decision.

[8182KSKUSH]

So these people were operating a "collective", hmm. I especially love the part where "helos were circling over head"! Fucking A man!:thumbsup:

Also noticed this is a "civil" lawsuit. I have searched and searched but have yet to find info on trial dates ect.... any help anyone would be greatly appreciated!

[allrollsin21]

This is a beacon of hope for sure. Honestly this comes as a complete surprise to me. I would not be surprised if this judge went missing...
I love the enthusiasm from you all and definitely will be following this.
Woo Hoo! Patients Rights! Woo Hoo!...:jointsmile:

[flyingimam]

I'm no legal-eagle but I'd imagine the precedent set by the outcome will make a huge difference for pending and future cases.



THIS IS in fact the main point in such a case if succeeded

if 1 case can be proven, it will become the model case and will be used a million times after for similar rulings and/or situations

i cross my fingers on this one!:smokin:

[SnSstealth]

As I get more updates from ASA, i will post em...thanks for reading guys!! The fight gets closer!!
whiskeytango

[Storm Crow]

And is upheld, and Arnie signs that MMJ employee protection bill, Granny's going to have to be VERY CAREFUL!







Turning cartwheels at my age can be dangerous! lol :D - Granny :hippy:

[killerweed420]

So these people were operating a "collective", hmm. I especially love the part where "helos were circling over head"! Fucking A man!:thumbsup:

Also noticed this is a "civil" lawsuit. I have searched and searched but have yet to find info on trial dates ect.... any help anyone would be greatly appreciated!
If this is just a civil case it won't have as much meaning. It will allow collectives to sue and recover costs from the DEA but won't stop them.

[Opie Yutts]

Better than nothing. OK maybe it's not a large step, but it's pretty big compared to what has been going on.

It's coming...

[theforthdrive]

If this is just a civil case it won't have as much meaning. It will allow collectives to sue and recover costs from the DEA but won't stop them.

I agree but hitting a govt agency in the pocket effects their bottom line. They will at least think twice about raids. A presidential order could also stop the DEA from entering bank! Money is a big issue these days! but what do I know Im sure the DEA has more money to wait out a lawsuit than most banks would! Its a crappy world!


And is upheld, and Arnie signs that MMJ employee protection bill, Granny's going to have to be VERY CAREFUL!


I always wondered that... do the employees face punishment for having a job or do they just lose their job?

[GoddessHerb]

It's a step in the right direction but I think the Raich case is more important. If the Raich case is upheld in the Supreme Court then it could open the door to complete legalization on a state by state basis. Now that is HUGE!!!:jointsmile:

If drugs are illegal on a federal level through interstate commerce then keep it intrastate commerce and you don't break federal law right? As long as you can keep supply and demand within the state then the feds can't touch you. Period.

Somebody tell me if I'm way off here because I'm high or if this really makes sense :hippy:

Blessed be ~

[Opie Yutts]

As long as you can keep supply and demand within the state then the feds can't touch you. Period.

It seems that somebody forgot to tell that to the feds.

[GoddessHerb]

It seems that somebody forgot to tell that to the feds.


"If they think it's the law and they have all the guns..." And that's an authoritarian approach. So much for freedom. :sadcrying

[Storm Crow]

"If drugs are illegal on a federal level through interstate commerce then keep it intrastate commerce and you don't break federal law right?"

Wrong! Although logic would seem to dictate that you would be OK, the Supremes saw it another way. They said basically that if you grew wheat for your OWN use, it interfered with interstate commerce, therefore it could be regulated. This covers it.

One Radical Opinion | Medical Marijuana and States Rights (http://www.oregonherald.com/n/radicalruss/20041201_states-rights-marijuana.html)

Doesn't make sense to me either! But then, neither does MMJ prohibition!


BB

Granny :hippy:

[flyingimam]

If this is just a civil case it won't have as much meaning. It will allow collectives to sue and recover costs from the DEA but won't stop them.


u know, this can pretty much be the salt poured into your beer bottle, a few high profile cases is all thats needed to stir things up and push for some kinda change...

DEA is there cuz its a money maker, it keeps hundreds of thousands of jobs.

to me, the only reason we still have marijuana prohibition is that if it ceases to exist, alot of money will not be made, many police-dea-doj jobs will be lost!
sure they may switch their focus to real crime and hard drugs, but i think if marijuana is cleared from illegality, we will have surplus of personnel and assets for drug wars! almost all other drugs are purely imported goods. with exceptions of mushrooms or piote, things like these...

so hitting the purse will hurt them... especially if it goes into large sums or gets to supreme court, unless ofcourse none of these cases make it thru

[yiGity]

fuck the policE!

[GoddessHerb]

Hey Granny~ Does this mean I'm interfering with interstate commerce by growing my own food too? Can I go to jail for that too? Seems a bit ridiculous for "Big Daddy" to make me buy stuff. Is that really constitutional or is the judiciary just ignoring the constitution too? :wtf: just wondering.

Blessed be~

[Storm Crow]

Makes no sense to me! :wtf: But it seems to me we have a double standard for homegrown tomatoes and homegrown cannabis!

[GoddessHerb]

Yes, I believe hypocrisy is a prerequisite to be an american nowadays. :rolleyes:

Blessed Be~

[epilepticme]

fuck the policE!


The police are generally just good regular people like you and me.

For them to keep their jobs they must enforce archaic asinine laws.

[flyingimam]

The police are generally just good regular people like you and me.

For them to keep their jobs they must enforce archaic asinine laws.

I have come to conclude that no1 can truly generalize "police" as anything, bad or good... they are far too many of them of both kinds and in different areas they may be different types of personalities who wanna "enforce some crap" they may not agree with @ heart to others

I generally find some1 who goes to police for with above motivation to be among the bad cops. some1 who seeks position of authority, rather to have real sympathy for the system, laws, tax money, safety or the people, such a cop would be outspoken about marijuana violations and would join the resistance for while doing the rest of his duties and we have quite a number of these cops.

again I have no statistics, but my own exp and what u hear around or see in media.

however, fuck the DEA! any1 and all of them from janitor to scientist to officers! they are the real scumbags!

[leadmagnet]

An accountant took down Capone. I have no problem taking out the crooks in Washington DC the same way.

[veggii]

heres a link to the co-op who got it rite "FREE MEDICINE" :thumbsup:
Medical Marijuana Politics (http://www.wamm.org/politics.htm)
and here I sit with no meds :( I need a ride to the coast ;) lets go...

[flyingimam]

An accountant took down Capone. I have no problem taking out the crooks in Washington DC the same way.

those days are over. american public must buy stories that are already out there and mount pressure on these crooks, but this seems not to be happening with all that much of a force or speed.

there are plenty of evidence against this unjust situation and perpetrators who keep living on this mess and profiting from it (LE & DEA + justice/prison system as a whole) they are too powerful and a lot of people are careless about MMJ, the result is the situation we currently have regarding MMJ

[leadmagnet]

those days are over. american public must buy stories that are already out there and mount pressure on these crooks, but this seems not to be happening with all that much of a force or speed.

there are plenty of evidence against this unjust situation and perpetrators who keep living on this mess and profiting from it (LE & DEA + justice/prison system as a whole) they are too powerful and a lot of people are careless about MMJ, the result is the situation we currently have regarding MMJ

Please rephrase your comment. That one made about as much sense as shoving an Easter Egg up one's bunghole.

[flyingimam]

Please rephrase your comment. That one made about as much sense as shoving an Easter Egg up one's bunghole.

come again?:D

if i didnt make myself clear here it is: Too many whistles have been blown on this issue... just check around these forums to find the stories... even congress has pressured DEA to avoid intervening with medical MJ research without much luck... cuz the majority of people dont care about this issue... at best they say they dont have a problem with MMJ in a poll or they support it or whatever, but will they actually do something about it to change the situation?! will they take any "action"?

I think very few compared to the total population do so...:(

[leadmagnet]

come again?:D

if i didnt make myself clear here it is: Too many whistles have been blown on this issue... just check around these forums to find the stories... even congress has pressured DEA to avoid intervening with medical MJ research without much luck... cuz the majority of people dont care about this issue... at best they say they dont have a problem with MMJ in a poll or they support it or whatever, but will they actually do something about it to change the situation?! will they take any "action"?

I think very few compared to the total population do so...:(

No, you didn't make yourself clear and you still aren't. If I understand you correctly you're saying nevermind the civil lawsuit approach because in your opinion nobody really cares anyway?

Uhhhhh, right.

[flyingimam]

No, you didn't make yourself clear and you still aren't. If I understand you correctly you're saying nevermind the civil lawsuit approach because in your opinion nobody really cares anyway?

Uhhhhh, right.

what i said was that there have been civil lawsuits b4 and even current ones, and government manages to force its way thru the court somehow and no1 cares, no1 cries in the public for it but only our minority community

and i didnt say nevermind it... if thats how u wanna read it, read it that way. i cant change your perception of my views, my views however are not represented by your perception, they are different:D

what i meant was that in Capone's time and day, people were outraged, people cared about catching this crook and his kind... nowadays as long as every individual has what HE/SHE WANTS in life, they really tend not to care about other people struggle.

yeah, theyy may sympathize with ya in a casual convo, but when it comes to real action, hardly any1 does anything. only the activists from mmj and mj community do so and still they have a hard time getting the word out, media hardly offers it and people rarely demand to hear it... they like it how it is, like in many other issues like our national debt that everyone seems to be just fine with

and that 1 accountant (although in a highly political situation that came to his aid) did deliver the deadly blow... no blows seem to be deadly enough for the crooks in the system these days... i donno how u can have a couple of large organizations and ACLU and bunch of people united in one cause and still get to nowhere as we have not

What i meant is in fact this: people should care, we as the community that is interested in this matter should educate everyone around us about this and fight all the ignorance and bigotry along with misconceptions... without doing so, hardly any lawsuit will get anywhere... like this lawsuit... it made headlines for 1 day in major media at its best... while in comparison OJ simpson's case is out there everyday... people want to know about a celebrity or some1 famous and his fate... its all a show business, what sells more is on the spotlight and whats controversial is avoided. we should change this on the side of these lawsuits... otherwise the cases can be killed with ease given the illegal power and methods of our federal system (as u see govt here has tried to file a motion to dismiss this lawsuit and only a judge who has had some guts has prevented that, some other weaker judge might have allowed the case to be dropped)

I will not comment on this to clear my stance anymore. if u get it, u get it, if not, no point for me to make it any clearer than it is now. and pardon my language barrier if thats what prevented u from understanding me, u know, i'm not born n raised in America but I do my best not to sound like a foreigner, even in text.

[SnSstealth]

Please rephrase your comment. That one made about as much sense as shoving an Easter Egg up one's bunghole.

Buy a thesaurus. Your obvious lack of comprehensive understanding is not a great reason to act like a 4th grader. Perhaps reading again, and again may finally sink in for ya, if not...take a few reading and comprehension courses...
whiskeytango

Good luck with your Capone escapade!:thumbsup:

[leadmagnet]

Buy a thesaurus. Your obvious lack of comprehensive understanding is not a great reason to act like a 4th grader. Perhaps reading again, and again may finally sink in for ya, if not...take a few reading and comprehension courses...
whiskeytango

Good luck with your Capone escapade!:thumbsup:

Ok, it is rather obvious to me that both of you lack a sense of humor as well as the ability to express yourselves in a halfway cogent manner. Forget I asked for clarification.

Lead

[SFGurrilla]

heres a link to the co-op who got it rite "FREE MEDICINE" :thumbsup:
Medical Marijuana Politics (http://www.wamm.org/politics.htm)
and here I sit with no meds :( I need a ride to the coast ;) lets go...


cool posted link