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WAMM and ACLU Press Release for Settlement
in Santa Cruz v. Holder
WAMM and ACLU Press Release for Settlement in Santa Cruz v. Holder
PRESS RELEASE – For Immediate Release
DATE: Friday, January 22, 2010
CONTACT: Joe Paquin, 831-425-0580, joe at wamm.org
Manager of the Wo/Men's Alliance for Medical Marijuana (WAMM).
Return
To OnlinePot's Legal Section Main Page
Landmark Judgment Today: Seriously Ill Patients of Santa Cruz Medical
WAMM Wins!!!
San Jose, CA. – The Wo/Men's Alliance for Medical Marijuana
(WAMM) has reached a settlement with the federal government in our case,
County of Santa Cruz, Et Al V. Eric H. Holder, Jr., Et Al.
The case stems from a 2002 Drug Enforcement Agency (DEA) raid on
WAMM's collective garden, where armed agents used chainsaws to
destroy the medicine for 200 sick and dying patients. This suit was
enjoined by the City and County of Santa Cruz. The new administration
has agreed to relax their aggressive actions.
"We hope that over time the federal government will recognize its
senseless position on medical marijuana and will formally codify
protections for sick, dying and marginalized patients who have the right
to use whatever substances their physicians recommend to ease
suffering," said Valerie Corral in a statement read before US
District Court Judge Jeremy Fogel.
"We are nonetheless, heartened by the federal government's newly
declared position suggesting deference to state medical marijuana laws
and we are extraordinarily proud of our Collective's role in effecting
this change in policy. However, should our government break their word
and again pursue their senseless assault on the sick and dying, we stand
at the ready and we promise to hold them accountable in a court of
law."
"Though the new federal policy is far from ironclad, it is a marked
improvement, and, we hope, a sign of even better things to come," said
Allen Hopper, Litigation Director of the ACLU's Drug Law Reform Project.
"The policy provides lawful medical marijuana patients and providers a
very welcome, if incomplete, measure of security. And should the
federal government once again move to improperly target patients or
those who care for them, we will immediately be back in court."
Valerie and Mike Corral's full statement is available at our website
at
http://www.wamm. org/letter_ to_my_government .pdf
For more information about the Wo/Men's Alliance for Medical
Marijuana and the services we provide for terminally ill medical
marijuana patients, please visit our website at http://www.wamm. org.
************ ********* ********* ********* ********* ********* ********* *****
ACLU Settlement Solidifies Fed's Fresh Take On Medical Marijuana
FOR IMMEDIATE RELEASE
January 22, 2010
CONTACT: Daniel Berger, (831) 471-9000 x26 or (917) 602-2445/cell
SAN JOSE, CA -- The recent shift in federal medical marijuana policy,
articulated this fall in a Justice Department memorandum instructing
U.S. Attorneys to afford greater deference to state laws, resulted in a
settlement reached today with a California medical marijuana
cooperative, represented by the American Civil Liberties Union and
others.
The Santa Cruz-based Wo/Men's Alliance for Medical Marijuana (WAMM), a
model medical marijuana collective that provides medicine to the
terminally ill free of charge, agreed to dismiss an ongoing lawsuit
against the federal government based on the new policy, with the
understanding that the litigation will be reinstated in its present
posture should the federal government fail to respect state medical
marijuana laws in the future.
"Though the new federal policy is far from ironclad, it is a marked
improvement, and, we hope, a sign of even better things to come," said
Allen Hopper, Litigation Director of the ACLU's Drug Law Reform Project.
"The policy provides lawful medical marijuana patients and providers a
very welcome, if incomplete, measure of security. And should the
federal government once again move to improperly target patients or
those who care for them, we will immediately be back in court."
The settlement reached today in the case County of Santa Cruz v. Holder
came before Judge Jeremy Fogel of the U.S. District Court for the
Northern District of California, San Jose Division. Judge Fogel had
previously ruled in the case that the U.S. Constitution permits states
to determine for themselves what is legal and what is illegal under
state law, including medical marijuana policy, and that the federal
government may not deliberately undermine this process.
"It is clear that the federal government had made a practice of
intentionally sabotaging state-based medical marijuana reform efforts in
the past, but we take them at their word that this is no longer the
case," said Hopper. "Today's settlement is another step toward a
sensible policy, where states may chart their own course on medical
marijuana without federal interference. "
The case stems from a 2002 Drug Enforcement Administration raid of
WAMM's collective garden, which destroyed the medicine of 200 sick and
dying patients. Supportive of WAMM, the City and County of Santa Cruz
joined onto the lawsuit soon after.
In addition to the ACLU, WAMM and the County of Santa Cruz are
represented by the Drug Policy Alliance, Gerald Uelmen, Professor of Law
at Santa Clara University Law School, the law firm of Bingham McCutchen,
and private attorney Ben Rice.
Today's filing and the Department of Justice's memorandum altering
federal medical marijuana policy are available upon request.
Judge Fogel's previous ruling that the federal government may not
deliberately undermine state medical marijuana laws can be found online
at:
www.aclu.org/ drug-law- reform/santa- cruz-v-mukasey- order-denying- governme\
nt-motion-dismiss
--
Joe Paquin
"WAMM Extraordinaire"
Wo/Men's Alliance for Medical Marijuana
P: 831-425-0580
F: 831-425-0582
309 Cedar St. #39
Santa Cruz, CA. 95060
http://www.wamm. org
http://www.wammfest .org
http://www.myspace. com/scwamm
http://www.facebook .com/profile. php?id=165810019 4
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