[hopeunlimited]

ALERT: Federal Court Upholds 10th Amendment Protection Against
> Subversion of Medical Marijuana Laws
>
> With all the media attention over the AG's Guidelines and the
> presidential elections, a major court victory has gone relatively
> unnoticed. Working with the ACLU and the City of Santa Cruz, the Wo/
> Men's Alliance for Medical Marijuana (WAMM) has secured a critical
> ruling that upholds 10th Amendment protection from Federal subversion
> of state medical marijuana laws.
>
> In many ways, this federal decision, by U.S. District Judge ******
> Fogel of San Jose, eclipses the Calif AG's Guidelines, because it
> recognizes protection, under the US Constitution, for states to make
> and enforce their own laws regarding medical marijuana. Judge Fogel
> went even further by specifically ruling that the 10th Amendment of
> the U.S. Constitution bars the federal government from targeting the
> enforcement of federal drug laws to intentionally subvert state
> medical marijuana laws.
>
> --Steve Kubby
>

================================================== ==
> http://blog.aclu.org/2008/08/29/fede...arijuana-laws/
> ================================================== ==
>
> Federal Court Rules Against Bush Administration's Subversion of
> California's Medical Marijuana Laws
> For the first time, a court has recognized that a concerted effort by
> the federal government to sabotage state medical marijuana laws
> violates the U.S. Constitution.
>
> While California's landmark 1996 medical marijuana law has mostly been
> upheld by the state's courts, after the U.S. Supreme Court's
> unfavorable ruling in 2005 it appeared the sun may have been setting
> on medical marijuana reform in the federal courts.
>
> The outlook is a whole lot brighter after last week's ruling by U.S.
> District Judge ****** Fogel of San Jose, which denies a Bush
> administration request to dismiss a lawsuit by Santa Cruz city and
> county officials and the Wo/Men's Alliance for Medical Marijuana
> (WAMM), which was raided by federal agents in 2002.
>
> More significantly, in a first-of-its-kind ruling, the court held that
> the 10th Amendment of the U.S. Constitution bars the federal
> government from targeting the enforcement of federal drug laws to
> intentionally subvert state medical marijuana laws. The court ruled
> that the 10th Amendment would be violated if the ACLU can prove, as it
> has alleged, that a calculated pattern of selective arrests and
> prosecutions by the federal government has been intended to render
> 'California's medical marijuana laws impossible to implement and
> thereby forcing California and its political subdivisions to
> recriminalize medical marijuana.'
>
> This ruling is especially significant because it recognizes the
> constitutional significance of the fact that the federal government
> has gone out of its way to arrest and prosecute some of the most
> legitimate doctors, patients, caregivers and dispensary owners that
> are working most closely with state and local officials.
>
> WAMM, for instance, is widely recognized as a model medical marijuana
> patients' collective. WAMM is fully supported by the City and County
> of Santa Cruz, and functions in strict compliance with city and county
> ordinances and California state law. (In response to the 2002 arrest
> of WAMM's founders, Mike and Valerie Corral, the city of Santa Cruz
> even allowed WAMM to hold its regular meeting to distribute marijuana
> to its members on the steps of City Hall.) Founded over 15 years ago,
> WAMM has operated solely on a not-for-profit basis — it has not sold
> or purchased marijuana but rather its members have collectively
> cultivated their medicine and provided it free of charge to approved
> collective members with a physician's recommendation. WAMM includes
> 250 seriously ill men and women, with more than 80 percent of members
> suffering from a life-threatening illness. Health permitting, members
> have been encouraged to contribute volunteer hours to the organization
> by working in the garden, assisting with fundraising, volunteering in
> the office, or helping each other with informal hospice care.
>
> The ACLU lawsuit alleges that in addition to targeting medical
> marijuana providers who cooperate most closely with municipalities,
> the defendants — U.S. Attorney General Michael Mukasey, DEA agents
> involved in the raid of WAMM, and administrators of the DEA and Office
> of National Drug Control Policy — also violated the U.S. Constitution
> by (1) threatening to punish California physicians who recommend
> marijuana; (2) threatening government officials who issue medical
> marijuana identification cards; and (3) interfering with municipal
> zoning plans.
>
> So, we have a potential legal breakthrough on our hands. This ruling,
> combined with the issuance of medical marijuana guidelines this week
> by California Attorney General Jerry Brown, and the passage of a
> medical marijuana employment rights bill in the California legislature
> earlier this month, provide further indication that California's
> medical marijuana law — which brings the state $100 million each year
> in tax revenue — is continuing to gain legitimacy in spite of the Bush
> administration's best efforts.
>
> Let's hope that federal officials quit playing politics with medical
> science by bringing a merciful end to their cruel and
> counterproductive war on sick and dying medical marijuana patients.

[WEDDY]

that's intresting.

[ironchefblue]

http://www.weedtracker.com/forums/sh...ere-74028.html

The thing is, there wasn't any real case-ending ruling, the judge just disallowed the prosecution's request to dismiss (I think). We'll see how the rest of the case works out.

[hopeunlimited]

inronchelfblue-thank you for the positive response and kind words-right on
peace
hope

[altogether1]

What would you ask the feds? WAMM wants to know!
Post your reply on our wall:
What would you ask the feds?

[famous21]

Hello All:

I believe the California State Attorney General, Jerry Brown's Guidelines will ensure that Counties and law enforcement must adhere (sp) to the rule of law as it relates to qualified medical marijuana patients, caregivers, and cooperatives. Cooperatives should make sure they read the details in the Attorney General's Guidelines. The rules are very clear. The guidelines are meant to establish a statewide system of rules similar to what the State of Oregon developed once their proposition was voted into law during the 1990s. This is a positive step; one that has been lacking since the proposition was ruled valid.

We know that San Diego County filed a lawsuit at the trial level and lost, and subsequently lost in the Court of Appeals. The San Diego County Board of Supervisors wasted tax payers' money by filing an action to stop the County Health Department from establishing the medical marijuana card program, when the California State Supreme Law upheld the MMC law several years ago. Now the county must develop their program or be in violation of state law.

Peace,

Famous

[injured]

I'm sorry Famous, but AG Brown's guidelines won't necessarily change anything. It is his opion and reccomendation and is not legally binding. Only the law (statutory or case law) can be legally binding... but... it looks to be a step in the right direction.

[Thraxz]

For something to be Amended doesn't it have to be by the voters? Just like the S.B. 420 guidelines, That was an amendment that they put in after we had already passed Prop215.Wasn't it?
"We the people" have voted.....Its now just a matter of getting those we have elected to start fighting for us, Or put people in office that will.. We do have that power!! Their needs to be one United Voice being heard.
What gets me is the fact that the sick and dying have to beg and suffer at the hands of injustice because of Industrial greed!! The down fall of the Country has been the oppressing of our will to stand up for ourselves, The truth has been swept under the rug and the big Lie "True Industrial Freedom" has been forced into our lives and souls that we seem to have lost our willingness to stand together as one!!

Stand Alone or together, Just Stand!! Be free, Educate and share with all those you come into contact with..You might not be able to save the world, But I guarantee you can help to make it a better place!! Stand up for yourself before the rest of your rights are taken away!! "GO GREEN OR DIE"!!! That's a Thraxz thing!!

Watch what happens when there's a million Medical Marijuana Man and Woman march ( Half the Country will show)..

[hopeunlimited]

good positive feedback thanks people
peace
hope

[kusher]

don't get too happy yet. it's a long way from allowing it to go foward to winning the case.

[hopeunlimited]

i will make sure no to get too happy
god forbid that i should be hopeful about the future-
peace
hope

[Will]

Well I for one am always happy with any and every victory no matter how big or small, I have to say I really like the Mostly positive feeling in this thread.

I am generally a very positive person but I will sometimes have to look very hard for the positive in a situation, but I am a much happier and more purposeful human being in doing so. I try to throw my negativity right out the door whenever I can.

Anyways, this is great news, one more rung in the ladder to full access.

[Nepeta]

Originally Posted by kusher

don't get too happy yet. it's a long way from allowing it to go foward to winning the case.

It's another step in a postitive direction. That's what matters.

[Dieselworks]

Yes, good news. Small victory but at least the case moves forward. Looks like they are going to raise the issue of prejudicial prosecution, which the DEA is guilty of. This is a big deal because it would give the defendant another argument in Federal court. We are barred from raising a medical defense in Federal court.

[nigel]

take that federal government. Finally some good news.

[hopeunlimited]

thanks nigel-for good positive energy-
right on
peace
hope