JUDGE KEEPS DOOR OPEN FOR WAMM'S MEDICAL MARIJUANA CASE

SAN JOSE -- A Santa Cruz marijuana collective raided by federal
agents in 2002 made its case for the right to grow medical pot in
court Friday.

Though no ruling was issued, supporters of the group, Wo/Men's
Alliance for Medical Marijuana, said they're encouraged by the
judge's response.

U.S. District Court Judge Jeremy Fogel heard arguments on the federal
government's motion to dismiss the suit, which alleges the raid five
years ago at WAMM's Davenport garden was outside the law, given the
legality of medical marijuana in California. The county and city of
Santa Cruz are signed on as plaintiffs in the suit.

Many court observers believed Fogel would dismiss the case because of
precedent to support federal law over state law. But he did not rule
Friday, saying he would release a decision at a later date, providing
hope for WAMM supporters.

"I'm quite optimistic after today's proceedings," said Gerald Uelman,
a lawyer for the plaintiffs. Uelman said Fogel took the arguments
under serious consideration and "appeared persuaded"

Fogel did not specify when his ruling would be released.

Uelman and a team of lawyers representing WAMM argued that, under the
10th Amendment, the federal government cannot intervene in the
affairs of the state, unless explicitly stated in the Constitution.
The lawyers said this was especially true as it concerns an
individual's right to medicine.

In 1996, California voters passed Proposition 215, the Compassionate
Use Act, making marijuana legal for medical purposes.

But all marijuana use is illegal under to the federal Controlled
Substances Act, hence the conflict.

The case represents one of the first challenges to the federal
government's authority to raid marijuana grown exclusively for
medical use since the 9th Circuit ruled in favor of the government in
the case of Gonzales v. Raich earlier this year.

In that ruling, the 9th Circuit Court said the federal government had
the authority to confiscate marijuana from Angel Raich, an Oakland
woman using medical marijuana. The defense unsuccessfully argued
Raich had a legal right to use marijuana because of medical necessity.

The current case stems from a federal raid at WAMM's Davenport farm
in September 2002. More than 20 armed federal agents descended on the
property, arrested owners Valerie and Michael Corral and seized 165
pot plants. Neither were charged in the aftermath of the raid, but
their plants were not returned.

More than 50 WAMM members were in attendance Friday to support the
attorneys representing the collective. At least 15 people were not
allowed inside due to overcrowding.

"I think the judge realizes this impacts a lot of people," said Hal
Margolin, a plaintiff. Margolin has been a member of WAMM for seven
years and suffers from leukemia. He said he is hopeful the case will
be allowed to proceed.

Lawyers representing the U.S. Attorney's Office could not be reached
for comment.

The case is County of Santa Cruz v. Alberto Gonzales.