Posted on 02/21/2003 8:04:16 AM PST by MrLeRoy
Medical marijuana users and growers in California could cite state law as a defense against federal prosecutors who criminalize their actions, under a bill planned by three federal lawmakers.
U.S. Reps. Sam Farr, D-Carmel, and Lynne Woolsey, D-Petaluma, plan to co-sponsor the bill next month with Rep. Dana Rohrbacher, an Orange County Republican.
The proposed legislation comes in the wake of stepped-up federal raids on medical marijuana gardens over the past year, including one at a Santa Cruz County cooperative last September.
The legislation also comes after marijuana guru Ed Rosenthal was convicted on federal charges of growing pot in Oakland in a trial during which his lawyers weren’t allowed to mention he was growing it for Oakland’s medical marijuana patients.
"The purpose of this bill is to allow defendants in federal criminal trials to introduce evidence that their marijuana-related activity was performed for a valid medical purpose under state law," Farr said in a written statement.
Farr is to be honored today in Sacramento during a press conference hosted by the marijuana advocacy group Americans for Safe Access. He was to be joined by family members of people recently convicted on federal marijuana charges.
Eight states have approved medical marijuana use, but the bill recognizing state marijuana law is likely to face an uphill battle in a Republican-controlled Congress.
Rohrbacher said the bill was a reasonable approach to settling the conflict between federal and state laws.
"As far as I know, it is the people of the state who are supposed to be determining criminal laws," he said by telephone Wednesday. "I just think that if the majority of people in a state vote to permit people to use marijuana for medical purposes, the federal government should not interfere with that."
The tension between federal enforcement and state laws was highlighted in Santa Cruz County during last September’s raid of the Wo/Men’s Alliance for Medical Marijuana’s Davenport garden.
About 167 plants were uprooted by federal drug agents, and co-founders Mike and Valerie Corral were briefly jailed. No charges have been filed.
Ben Rice, an attorney for the cooperative, said that while he wasn’t optimistic a federal measure would pass, he welcomed the proposed legislation.
"The WAMM and Rosenthal cases have really galvanized national attention to the problem we have here," Rice said. "I think this is a terrific move."
While the DEA hasn’t filed charges, WAMM has gone on the offensive, filing suit against the feds.
Having lost the first round of a court battle to get the marijuana back, the group is appealing the decision.
The group also plans to seek an injunction prohibiting similar raids in the future. The county and city have voted to join that suit as plaintiffs.
It must be nice to be paid to post.
Prove it.
Right. Just like over sixty people died in the night club fire last night.
That was not a case of risks that individuals imposed on themselves (unless you have evidence that the owner/manager disclosed the safety hazards to entering patrons).
Just a case of lesser government equals better government, right?. Don't duck the issue. After all, the band was just "doing there thing".
False.
Out of 65 posts, this cinFla guy posted 30 of them. And in some he claims others are spamming, and that these people are "paid spammers". And this crap is allowed to continue on this board. Simply amazing.
I called nobody. Your lie is duly noted.
More than 75 die in nightclub fire as they chant "Cool, what a display" in reaction to the building burning around them.
Medical testing is none of the federal government's business.
First tactic: warn about personal insults not being allowed.
Step two: Call you a liar.
Same old story.
Nothing is the federal governments business. Spoken like a true anarchist.
That I post all night is yet another of your many lies. As for my daytime posting, the lamebrained pro-WOD posts here take laughably little time to refute; doing so still leaves me plenty of time to earn glowing performance reviews.
Please update your count.
Your reputation precedes you.
Nonresponsive babble.
Prove it.
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