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Santa Cruz Medical Pot Outfit on the Brink of Survival
For at least the past six years, one of the fiercest struggles in the federal government's war with the states over medical marijuana has been waged from a nondescript Santa Cruz warehouse, tucked between an auto repair shop and an electrical contractor.
These days, there is unprecedented optimism inside that warehouse, where the feisty Wo/Men's Alliance for Medical Marijuana appears to be on the brink of outlasting the feds and winning the most important legal fight still left in the courts over California's nearly 13-year-old voter approved medical pot law.
The Obama administration, through new Attorney General Eric Holder, has publicly indicated in recent weeks that it will not enforce federal drug laws against medical marijuana providers in states with medical pot laws, as long as those providers are obeying their state laws. For WAMM's leaders and patients, such a policy shift would not only end their 6-year-old lawsuit, but also an era of raids, uncertainty and near-extinction for an operation that tends to the sick and dying.
The Santa Cruz case also could be the first in the country that forces the new administration to lay out its exact policy on medical pot in writing.
On a recent morning inside WAMM, Valerie and Mike Corral, who cofounded the cooperative in the early 1990s, appeared visibly relieved as they discussed the prospects of the feds finally leaving them alone. As they spoke, the unmistakable, pungent smell of pot wafted through the corridor outside their cramped office.
"We've been barely scraping by," said Valerie Corral, a medical pot user since a 1973 car accident left her suffering from epileptic seizures.
For now, the Justice Department is mum on the WAMM lawsuit, which was backed by the city and county of Santa Cruz. The suit argued the federal government under the Bush administration had been enforcing drug laws selectively to interfere with California's medical marijuana provisions. San Jose U.S. District Judge Jeremy Fogel gave the lawsuit a boost last summer, allowing it to proceed on its central claims.
The U.S. Supreme Court has twice found that federal drug laws trump state medical pot laws, but the Santa Cruz case raised a novel legal theory.
U.S. Attorney Joseph Russoniello, whose office directs federal law enforcement in Northern California, did not respond to a request for an interview. But during a hearing last week, Fogel said it appeared Holder's comments would apply to WAMM. And Justice Department attorney Mark Quinlivan told Fogel the administration is evaluating how the policy change will impact the WAMM case, and suggested "something in paper could be forthcoming."
In California, such a policy change would alter the landscape for medical pot providers, who've been raided dozens of times in recent years. Federal and state agents would still enforce drug laws against providers who hide behind medical pot laws to deal in black market sales of marijuana, but outfits that keep close tabs on patients and ensure they have valid prescriptions from doctors appear to be safe from raids.
Legal experts say the feds will stay out of the 13 states with medical marijuana laws as long as they regulate pot operations carefully. But medical pot providers will not be immune - federal drug agents raided a San Francisco cannabis club last week.
"It could be kind of a test," said Robert Mikos, a Vanderbilt University law professor and expert on the state versus federal conflict over medical pot. "The federal government is telling California that as long as you control these cooperatives, we're going to let it slide."
American Civil Liberties Union attorney Graham Boyd, who represents the Corrals, said resolving the case would send an important message.
"It's not just California," he said. "A number of people have been very careful to comply with state law, and yet live in constant fear of federal prosecution."
Valerie Corral chuckles at the notion that her operation is an easy way for people to get marijuana.
She serves about 150 patients suffering from serious ailments ranging from AIDS to cancer. In a room where patients light up, one wall is a reminder of the stakes - it is covered with pictures of WAMM patients who have died. Corral said she makes sure only proper candidates get pot through WAMM.
"I'm such a stickler," she says. "I'm brutal."
Sitting around a table on a recent Friday afternoon, a number of WAMM patients said they are relieved the threat of federal raids may waft away like so much pot smoke.
"I think it's about time," said Carol Meyer, who's suffering from cancer. "I think the federal government needs to back out of it. The people voted."
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8 Comments so far
Show AllI tend to think it would be wise to make a full-on push for legalization at the federal level. As much as I am loathe to agree with anything Barney Frank does, he was right to offer a federal decrim action.
the problem is the old. the old think that there is a need to keep marijuana illegal because they are still convinced that its a tool of sex fiends and communists...when we all know that communism and sex fiends exist mainly on college campuses.....
ok I digress. the old tend to vote and make their opinions known to legislators who will continuously support such draconian retardation. while we cannot bar the elderly from voting, it would be prudent to educate them as to the reality of the drug and that yeah, grandma, you're wrong.
I think you are wrong in this one. In my experience, it's not the old, it's the new parents that are the problem. Frequently the ones who smoked when they were younger, and now seem to think that they have to stop their kids from being as human as they were. There is something about having kids that turns people into lunatics. They forget that there are consequences to everything, and that if they have to ruin adult's lives to "keep control" of their kids, they don't seem to mind that at all.
The real problem si that the politicians see everything as being an excuse to do NOTHING, and to keep things exactly as they are. They look at the number of lies they have told over the years, and can't seem to find the courage to say "I was wrong", and DO the rifght thing for a change. The politicians have GOT to be led to the truth, even though they all KNOW it.
You know, for decades they wouldn't even allow a discussion of this topic. They even went so far as to threaten whole communities with removal of all federal funds for just wanting to hold a meeting to discuss it. Now, the time has finally come to beat them over the head with this and FORCE them to discuss it so that people can see just how foolish their "positions" are. Those of us on the no prohibition side can shoot down every argument they have without breaking a sweat, and they KNOW it, too. They aren't looking forward to having their weakness and their stupidity flashed in front of their and everyone else's faces.
the real problem is that some people really want to make other people do their shit for them (on the big, enormous scale of Life), and marijuana smokers often see clearly, and tell them to bugger off, so, that's a problem for the lazy, delegating assholes, who then have to resort to guns and tasers and like that to make people do their shit for them, which makes them and their causes potentially unpopular, so, better to prey on people's fears, especially of the unknown...so many people don't even know what being on marijuana is, yet knee-jerk into the 'the government must know best' thinking...also, marketing gets a big boost from anxiety, and marijuana smokers are frequently absent that, so the only way to get them anxious and buying crap, is to take away their pot...usually, only one of the two participants in this act is packing weapons, and it's not usually the one that was enjoying the pot...all of this stuff is incredibly well-documented, much better than I can do here, like superior competition to inferior commercial products, for example...marijuana is just one of my pet peeve subjects...I truly believe denying this wonderful plant to the masses is almost the worst cruelty perpetrated here, as so many arenas of life intersect and pass through this plant as a sort of civilization nexus, and would benefit from a return to encouraged, widespread use...
Our empowerment comes from decriminalizing growing. It takes the govt out of the loop, taxes etc. Last night I spent 3 hours trimming 1/2 a plant I've grown. Blueberry. And I don't pay for it like this. A LOVELY molecule and the only 'good' drug. (Psychedelic exceptions ARE a touch trickier.)
-Swat Teams, Armed gangs used to raid this Santa Cruz co-op-Right On Obama.
I read the posts. A lot of Gandmas in NorCal get high now. Although they do gravitate to cookies, the sweeties!
ITS A FUCKING PLANT.
EKATON, not so much a F****** plant, rather the EVIL males polinate our beautiful girls from even a mile away.
After this sin, our girls get seeded and must die. Thus, Celibacy Is Sacred and they die Virgins, lusting for love, resinated and sticky in their desire.
Heck I wish I lived in the US of A. At least Cali has the notion of democracy. In DC we voted overwhelmingly in support of medical weed. Congress said, 'oh no you don't' and squashed the wishes of 'we the peeps'. Living in a territory of the US of A does have some advantages. Congress was kind enough to force upon us the right to own semi-automatic weapons. We all excitedly await the opening of the first gun shop in town so we can rush out and enjoy our new right to get all protected and stuff. Might have to gun down a crazed pot head one dark and stormy evening.
DCNative,
Tha Flag over my Piano says California Republic.
Am working in my grow-room, took a break to say High.
This country is one of neighborhoods-I'd do 5-10 years in most of America, for Growing half a dozen plants for personal use.
-I'm not allowed to own a gun-I'm a marijuana felon-One ounce in the Dark Ages. Not that I would own one. I might want to take Thomas Jefferson's Direction and Fight Tyranny after I get Stoned.