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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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To: MrLeRoy
It is perfectly respectable to ask one that spams the same subject if he has a horse in the race.
21 posted on 02/21/2003 8:37:54 AM PST by cinFLA
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To: cinFLA
"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."

If you think medical pot is such a "sham", try and get a doctors authorization then report back here with your results.

Doctors don't take this issue lightly.

22 posted on 02/21/2003 8:38:53 AM PST by bigfootbob
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To: MrLeRoy
Wow....how long did it take for the pro-drug forces to realize that sitting around and whining about the WoD was ineffective? Every week there's a different arrest, and the pro-drug forces posture and pose, and nothing gets resolved.

At least now someone has the brain cells to maneuver within the law to effect change rather than break it in order to become a self-styled martyr. If they get it passed, I support it. If they don't, it is still illegal. In my view, anyway.
23 posted on 02/21/2003 8:38:56 AM PST by RabidBartender (Hi!)
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To: MrLeRoy
Does your boss support your diversions?
24 posted on 02/21/2003 8:39:21 AM PST by cinFLA
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To: cinFLA
Because society mandates it be illegal.

How is that? All the history of cannabis classification and legislation I have looked up only refer to a couple of special interests that were involved in the initial legislation. There seems to have been no "society" input.

25 posted on 02/21/2003 8:40:17 AM PST by William Terrell (Advertise in this space - Low rates)
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To: MrLeRoy
Society has no business restricting the risks that individuals impose on themselves.

Right. Just like over sixty people died in the night club fire last night. Just doing their thing. Many chanting "Wow, that is great" as the building burned around them, unaware that they were facing death. A scene of the future under libertarian social rules.

26 posted on 02/21/2003 8:43:17 AM PST by cinFLA
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To: cinFLA
I have always thought that there was a couple of paid spammers on this site, but all I did was kick his cage a little bit. If you were a dope user and were in a crowd of like people would it be a personal attack to ask someone if they used dope. I Have answer that question many times on job app's, never thought it was a personal attack.
27 posted on 02/21/2003 8:45:42 AM PST by org.whodat
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To: RabidBartender
If they get it passed, I support it

George Soros, etal: "Medical marijuana" is being pursued in order to normalize society to the use of ALL drugs. Right now there is almost no support for the legalization of hard drugs therefor we must use a strategy of "incrementalization". The first step is to gain public sympathy for "medical marijuana". Their goal is a society where ALL drugs are readily available. If you look at the LP plank, they purposely OMIT any mention of "adults" in their desire to eliminate ALL drug laws.

28 posted on 02/21/2003 8:48:48 AM PST by cinFLA
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To: org.whodat
These same spammers claim that lives are ruined because people lost their jobs due to "on the job" drug screening. My answer, anyone so stupid to do drugs when you know you are subject to screening is probably already wasted anyway.
29 posted on 02/21/2003 8:52:38 AM PST by cinFLA
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Comment #30 Removed by Moderator

To: org.whodat
but all I did was kick his cage a little bit.

These guys don't like their cage kicked. Nor do they want to answer sensitive questions about how such drugs as ecstasy would be used in a society where it would be legal to get it served in the local pizza house down the corner or at the mini-mart across the street from the high school.

31 posted on 02/21/2003 8:55:42 AM PST by cinFLA
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To: Nathaniel Fischer
Absolutely in California.
32 posted on 02/21/2003 8:56:55 AM PST by cinFLA
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To: MrLeRoy
The moderator has requested that personal barbs be taken to the Smokey Backroom.

Uh, that's disingenous.

The moderator requested that flames be taken to the back room.

Sorta thinned skinned to try to send every sarcastic remark off the thread, no?

And maybe you might want to try this (I have no connection to it, I just thought it might help calm your drug-free nerves):


33 posted on 02/21/2003 8:59:46 AM PST by IncPen
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Comment #34 Removed by Moderator

To: MrLeRoy
("That government is best which governs least.")

I guess you mean that No government would be best.

35 posted on 02/21/2003 9:01:45 AM PST by cinFLA
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To: IncPen
Actually, I think MrLeRoy is just trying to defuse the Prohibitionist tactic of posting flames and getting the thread pulled completely.
36 posted on 02/21/2003 9:01:53 AM PST by Wolfie
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To: Nathaniel Fischer
They voted to allow medical use of marijuana. How is that mandating that that it be illegal?

Ask William T. He said it, not me.

37 posted on 02/21/2003 9:03:08 AM PST by cinFLA
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To: org.whodat
You sound like a teen stoner/burnout Liberdopian having fun on the thread.

Out of consideration for those who love our mother tongue, I couldn't bring myself to actually quote your addled screed.

Please let the salaried professionals post their charming thuggisms without public mockery from garage-dwellers, please.
38 posted on 02/21/2003 9:04:51 AM PST by headsonpikes
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To: IncPen
Uh, that's disingenous.

Just a strategy they use to divert the issues. They have been warned by the moderators more than once. Their reputation is growing.

39 posted on 02/21/2003 9:05:42 AM PST by cinFLA
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To: MrLeRoy
AH yes all the WOD warriors will be out on this thread

Funny thing you NEVER see them on the threads about riots fights accidents etc where ALCOHOL is the factor
40 posted on 02/21/2003 9:07:54 AM PST by uncbob ( building tomorrow)
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