Pubdate: Wed, 28 Apr 2004 Source: The Monitor (TX) Copyright: 2004 The Monitor Contact: http://www.themonitor.com Details: http://www.mapinc.org/media/1250 Medical Marijuana FEDS SHOULDN'T GO AFTER PATIENTS WHO USE POT The jurisdictional struggle over California's medical marijuana law took a new turn last week when a federal judge offered a patient cooperative protection from raids by armed agents. The U.S. Justice Department, however, quickly moved to eliminate that protection by calling for a U.S. Supreme Court review of the decision. On Wednesday U.S. District Judge Jeremy Fogel granted a preliminary injunction to the Wo/Men's Alliance for Medical Marijuana (WAMM) and denied an attempt to dismiss a civil case brought by the cooperative to halt federal interference in their operations. This was the Santa Cruz club raided by armed agents at dawn -- assault rifles aimed at patients in wheelchairs -- in September 2002. Fogel cited the December 2003 decision by the 9th Circuit Court of Appeal in Raich v. Ashcroft, which ruled there is a constitutional limitation to the application of the Controlled Substances Act, the 1970 law that prohibits all use of marijuana. The court ruled that patients who grow their own marijuana or receive it free do not affect interstate commerce, and their activities are not subject to federal regulation. Since 1996, of course, medical use of marijuana has been legal under California law with a doctor's recommendation. Seven other states -- Alaska, Arizona, Colorado, Maine, Oregon and Nevada -- have passed similar voter initiatives, and Hawaii's legislature enacted a law protecting patients who use marijuana medically from prosecution. Nobody has filed suit to overturn these laws on grounds that federal law takes precedence. On the same day of his ruling, however, the Justice Department asked urgently that the U.S. Supreme Court review Fogel's decision. Angel Raich, the lead plaintiff in the case, put the matter in a nutshell: "The government doesn't dispute that I would die without cannabis, but they not only want to keep my medicine from me, they want the right to take me from my children and see me die in prison." The Supreme Court should let the district court decision stand. - --- MAP posted-by: Richard Lake