SANTA CRUZ, Calif. -- The city and county of Santa Cruz and the Wo/men's Alliance for Medical Marijuana are asking a federal judge for an injunction to stop the federal government from raiding medical marijuana clubs.
The judge Monday indicated that he wanted to find
a way to allow terminally ill patients to grow their own marijuana but did
not think it would be possible under current federal law.
The controversial lawsuit stems from a raid last September when the Drug Enforcement Agency raided the Wo/men's Alliance for Medical marijuana garden in Santa Cruz County.
Citizens of Santa Cruz and that marijuana club are take on the
federal government over the raid and over the future of drug enforcement in California.
In 1996, Californians passed a new drug law that made it legal for doctors to prescribe marijuana for patients. The problem is that the federal government also has drug laws that it vigorously enforces.
Santa Clara University law professor Gerald Uelmen, a member of
the famed O.J. Simpson "Legal Dream Team," represents the plaintiffs in both
the current case and last year's case. He said that the current case contains
important legal differences that should allow Fogel to issue an injunction.
"The judge is looking for hooks that have not been presented to
the court before and we have them in this case," Uelmen said.
State and federal law came into public conflict in the
recent case of Ed Rosenthal.
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Medical Marijuana On Trial
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