POT CO-OP SUES AFTER CONFISCATION SANTA CRUZ GROUP PUSHES FOR MEDICAL USE

The founders of a beleaguered Santa Cruz medical marijuana cooperative
filed suit in U.S. District Court on Tuesday, demanding the return of items
seized in a Sept. 5 bust by the Drug Enforcement Administration.

Valerie and Michael Corral accuse the DEA of trampling the U.S.
Constitution in an effort to shut down their group, the Wo/Men's Alliance
for Medical Marijuana. Their attorneys called the suit an "opening salvo"
in a larger effort in challenging the federal government's authority to
prohibit the medical use of marijuana.

"Of course, it's worrisome standing up to the federal government. But we
think it's really the only way to move this issue forward," said Valerie
Corral. "We're hoping this will change the law. This is the democratic process.

This is America. This is how it's supposed to work."

The U.S. Constitution allows the federal government to regulate interstate
commerce, but the Corrals argue that the activities of the Wo/Men's
Alliance for Medical Marijuana do not fall into that category.

In a 25-page motion submitted to the court, the Corrals argue that the
alliance's organic marijuana is grown by members of the collective for
their personal use. Since the cannabis is not transported over state lines
and no money is exchanged, they argue that state law allowing cultivation
and use of marijuana with a physician's note should take precedence over
federal law.

The Corrals also say their home was ransacked and more than 160 marijuana
plants seized even though federal agents had no intention of bringing
criminal charges against them.

The suit seeks the return of all marijuana and other items seized during
the raid, including personal computers, photo albums and three guns, which
the Corrals say are decades-old family heirlooms.

DEA spokesman Rich Meyer said Tuesday that his agency will not be returning
any marijuana to anybody.

"The job of the DEA is to seize drugs, and not to distribute them back into
the community," Meyer said. He noted that the Controlled Substances Act
requires that agents confiscate any illegal drugs they observe, even if no
prosecution results.

A hearing on the motion is set for 9 a.m. Nov. 4 in U.S. District Court in
San Jose, before Judge Jeremy Fogel.