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Bill seeks to provide medical pot defense
Santa Cruz Sentinel ^ | February 20, 2003 | Brian Seals

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.


TOPICS: Heated Discussion
KEYWORDS: drugskill; wodlist
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1 posted on 02/21/2003 8:04:16 AM PST by MrLeRoy
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To: *Wod_list
Wod_list ping
2 posted on 02/21/2003 8:04:32 AM PST by MrLeRoy ("That government is best which governs least.")
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To: MrLeRoy
Oh yes, we just couldn't make it withouy mr.Leroy's daily dopper's post. Are you on somebody's payrole and do you just love dope??
3 posted on 02/21/2003 8:07:36 AM PST by org.whodat
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To: MrLeRoy
Interesting
4 posted on 02/21/2003 8:08:44 AM PST by FreeTally
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To: org.whodat
Are you on somebody's payrole

Yes, a software company with no involvement in drug policy.

and do you just love dope??

I use no drugs, including the deadly addictive drugs alcohol and tobacco.

The moderator has requested that personal attacks be taken to the Smokey Backroom.

5 posted on 02/21/2003 8:11:52 AM PST by MrLeRoy ("That government is best which governs least.")
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To: org.whodat
Oh yes, we just couldn't make it withouy mr.Leroy's daily dopper's post. Are you on somebody's payrole and do you just love dope??

So this passes for intellectual debate now? There are three main groups that would hate to see an end to the WOD. Lawyers and their personal lobby the professional politicians, law enforcement, and drug dealers. Are you one of these?

6 posted on 02/21/2003 8:14:16 AM PST by Lysander (smoke 'em if ya got 'em)
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To: MrLeRoy
"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 Prez said the same thing. Before he got elected.

7 posted on 02/21/2003 8:17:26 AM PST by Wolfie
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To: Lysander
Are you one of these?

The moderator has requested that personal barbs be taken to the Smokey Backroom.

8 posted on 02/21/2003 8:17:35 AM PST by MrLeRoy ("That government is best which governs least.")
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To: Wolfie
"Read my flips."
9 posted on 02/21/2003 8:18:06 AM PST by MrLeRoy ("That government is best which governs least.")
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To: org.whodat
I didn't see MrLeroy say he loved you.
It is 'herb' not a weed and not dope!
Enough with the psycho semantics of fascist mind control!
10 posted on 02/21/2003 8:23:05 AM PST by PaxMacian (Gen 1:29)
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To: PaxMacian
I didn't see MrLeroy say he loved you. [...] Enough with the psycho semantics of fascist mind control!

The moderator has requested that personal attacks be taken to the Smokey Backroom.

11 posted on 02/21/2003 8:24:13 AM PST by MrLeRoy ("That government is best which governs least.")
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To: MrLeRoy
Ed Rosenthal: Convicted drug dealer.
12 posted on 02/21/2003 8:24:40 AM PST by cinFLA
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To: org.whodat
Can you explain to me just what it is about a plant, which grows wild all over the globe, that makes it a vehicle for the destruction of productive lives, families and property, to say nothing of corrupting the agencies that are charged with protection our rights?

That is to say, why is it illegal?

13 posted on 02/21/2003 8:26:26 AM PST by William Terrell (Advertise in this space - Low rates)
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To: Wolfie
"The Prez said the same thing. Before he got elected."

The Prez said a lot of things. Before he got elected.
Bush looks better in comparison with Gore,
beyond that it is difficult for me to go.
14 posted on 02/21/2003 8:26:33 AM PST by APBaer
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To: MrLeRoy
I thought the title referred to Bill Clinton, our notorious former Perp in Chief.
15 posted on 02/21/2003 8:26:56 AM PST by ncpastor
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To: MrLeRoy
Ed Rosenthal traveled around with his "seminars" telling people how to beat the drug law with "medical marijuana" defense. He said mr had cured his illness; an illness he was never diagnosed with since he never had it. With a 'wink and nod' he told his listeners ..... It is all a sham. The pro-druggies want all drugs, cocaine, heroin, ectasy, to get to your children.
16 posted on 02/21/2003 8:28:33 AM PST by cinFLA
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To: org.whodat
George Soros and two other ultra-rich guys are paying millions to set up web sites, sponser state-wide initiatives and flood the public via ads and spam in their effort to "normalize" society to the use of drugs. Their words, not mine.
17 posted on 02/21/2003 8:30:26 AM PST by cinFLA
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To: PaxMacian
Dopers are those that use dope. Weed is what they smoke while mainlining.
18 posted on 02/21/2003 8:32:34 AM PST by cinFLA
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To: William Terrell
That is to say, why is it illegal?

Because society mandates it be illegal.

19 posted on 02/21/2003 8:33:52 AM PST by cinFLA
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Comment #20 Removed by Moderator


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