Pubdate: Wed, 25 Sep 2002 Source: Metro Santa Cruz (CA) Contact: 2002, Metro Publishing Inc. Website: http://www.metroactive.com/cruz/ Details: http://www.mapinc.org/media/2346 Bookmark: http://www.mapinc.org/find?115 (Cannabis - California) SMOKE AND MIRRORS Medical Mary Jane has legs, long distracting legs, especially when the only other news story is Dubya trying to get his war on Saddam. Or is medical marijuana really the big story we should be tracking, yet another example of the struggle that states and individuals face in fighting the überfeds, a fight Bush would rather we forget (along with the energy crisis) as we watch him play at being a God of War? These questions were on Nüz's mind as every media outlet in the known universe converged on Santa Cruz last week to witness the green stuff being given away outside City Hall to members of WAMM, whose medical marijuana crop was destroyed by chain saw-wielding DEA agents Sept. 5. The giveaway even made it onto the Tonight Show, where host Jay Leno showed actual footage of Santa Clara University law professor Gerald Uelman praising WAMM for "grassroots activism." But then Leno went off on the predictable jokes-about-dope path, injecting fabricated footage of people toking up, then raiding supermarket aisles for junk food. (Not exactly the point WAMM founder Valerie Corral was hoping to make on national TV, but maybe Jay can make it up by inviting her on as a special guest?) Also spotted in the actual footage was local resident and constitutional law professor Paul Sanford, who is on the legal team that Uelman has put together to defend Corral and her husband Michael, who could be indicted and their property seized any time in the next five years, according to existing federal law. "Their case could be a turning point in the federal-state power balance," said Sanford. "This country started out having a very small central government, with the states having all the power, but that shifted radically after the Depression, so that now we have the exact reverse of what the founders contemplated." Sanford says that since the 1930s the federal government has exploited what he calls "the interstate commerce clause" whenever it wants to override state law. But according to Sanford, the U.S. Supreme Court has recently questioned this policy and suggested that the 10th Amendment (which says that powers not regulated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people) actually does mean something. "The question is, what power gives the feds the right to deny marijuana to people who've been legally prescribed it and who are getting it in an exchange within one county where no money is involved?" says Sanford. "In 100 years, this could be seen as one of the defining cases that started giving people their rights back from the behemoth of central government which our founders so feared and is why they cut away from the king in the first place." - --- MAP posted-by: Doc-Hawk