| Santa Cruz vs Holder Settled |
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| Saturday, 23 January 2010 12:34 |
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WAMM Settles with U. S. Department of Justice In September, 2002, federal agents raided the grounds of the Wo/Men's Alliance for Medical Marijuana, located in Santa Cruz, CA, destroying a community garden belonging to chronically and terminally ill patients. WAMM, the City of Santa Cruz, and others sued the Justice Department (then headed by John Ashcroft), soon winning an injunction against further action by the government. On October 19, 2009 the Justice Department codified a policy shift announced last spring by the Obama Administration - that federal prosecutors in the legal medical marijuana states are not to prosecute individuals that are using medical cannabis "in clear and unambiguous compliance" with state laws.
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January 22, 2010 Statement of Valerie and Michael Corral on behalf of themselves and other members of WAMM
We begin this missive fully recognizing the advantage that our model of governance provides. Few sovereign states have employed such a separation of power. This fundamental tenet provides a rare opportunity to offer our thoughts. When liberty is at stake the peril of failure threatens the positive consequences of a society. Every monumental change comes at great risk and finally at even greater cost. Yet, it is due to the courage of countless citizens that we are free to write this and because of their struggle to maintain such principles that we are obliged to do so. Few arguments have been ignored either in support or opposition, legal or emotional regarding the complex and problematic struggle for access to medical marijuana and the relief of suffering that it provides. In the more than seven years that have passed since the DEA raided our home, took medicine from our collective of critically ill patients and hastened their deaths, every day has been marked by the actions of our government. No wisdom can be gained without experience and no experience without discomfort. These have been discernibly uncomfortable years. Everything has changed, yet one thing has not ceased; that is the unrelenting death of WAMM members, now numbering more than 200. Last week my brother’s death increased our number of losses. Having the fortune to sit at the bedsides of people during the most important times of their lives, as they face death, has informed us that there is no man- made law that governs death and no experience short of the journey itself that can enlighten the bewildered mind. While we may bow to the mystery that has yet to be revealed, one thing is certain, there is no better agent of truth than one who rests in the experience. A society is judged by the way it treats its most vulnerable citizens. The interest of society is to protect the rights of its citizens, to preserve civil and natural liberty. That really is our government’s job. It is the business of human beings to concern ourselves with the well being of others. It is our social obligation to encourage right action and to assuage suffering. But what then if our efforts to alleviate pain are at odds with our government? As principled citizens we are faced with the timeless "struggle between authority and liberty.” How is it that this debate persists through the development of governing bodies, partisan lines and countless representatives… for surely every individual enters into a personal contract with suffering when faced with illness. Were it possible for government to endure our pain then perhaps our social obligation would diminish. But this is not the case and so it becomes the very thing that inspires us to seek justice. Has justice been served in the wake of our struggle? Is it enough that we walk away with a just a wink from the Department of Justice? What concession has our government made? Who offers conciliation in trade for our fathomless loss? What guarantee of freedom to pursue our work is provided? Were it not for the court, then we are afraid our voices would be completely silenced. This leaves us both grateful and troubled. We wish to be acknowledged as the model for dealing with the issues of poverty and healthcare as no other medical marijuana organization has. We assert that some reparation is due for the casualties realized in the aftermath of the raid; an act so chilling that many members fled from our collective for fear of reprisal, while others died agonizingly because we simply did not have enough medicine to serve them. Their deaths galvanized our efforts and we prepared to endure the obstacles ahead. We gained notoriety for our altruism, but the financial strain wore our foundation threadbare. Seven years have passed since the day the DEA raided our home and changed our lives and each day we set forth to continue our mission to serve the critically ill and dying, just as we have for more than 17 years. We recognize that it is no small thing for government to concede to actions contrary to law and perhaps, the fact that we persist without interference ought to be enough. But, somehow it isn’t. 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. 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. Submitted January 22, 2010 United States Government Courts District Court Honorable Judge Jeremy Fogel San Jose, California * * * * * * *
ACLU DLRP Press Release | 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 Courtfor 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 Administrationraid 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: Alison Holcomb Drug Policy Director ACLU OF WASHINGTON FOUNDATION 705 2ND AVENUE, 3RD FL. SEATTLE, WA 98104 T/206.624.2184 ext. 294 * * * * * * * Video : September 5, 2002 -- WAMM (Wo/Men´s Alliance for Medical Marijuana) is closed down by the Federal Government and 300 seriously ill people are without medicine.
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Full Length Videos from our Conferences on Cannabis Therapeutics:
WAMM conducts a "Hospice Caring Project" - meetings and volunteer efforts that are "transformative" to both patient and caregiver. Also, Valerie tells of political efforts WAMM has conducted in implementation of Prop. 215. * * * * * * * After the raid, Valerie Corral speaks to our 2004 Cannabis Therapeutics Conference, held May, 2004 in Charlottesville, VA. Before her moving presentation of WAMM's "Cannabis Use in Hospice", Valerie talks about the raid and the lawsuit.
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