U.S. JUDGE WON'T HALT POT RAIDS OF CLUBS

Jurist Dismisses Lawsuit But Leaves Plaintiffs A Chance To Amend And Re-File

A federal judge has dismissed an effort by the city and county of Santa
Cruz and a medical marijuana cooperative to get a court order halting
federal raids against California's pot clubs.

U.S. Judge Jeremy Fogel of San Jose wrote he's "acutely mindful of the
suffering" patients have demonstrated, "and of the evidence that medicinal
marijuana has helped to alleviate that suffering. As it commented at oral
argument, the Court finds the declarations of the Patient-Plaintiffs deeply
moving."

But while California voters have approved medical use of marijuana, "the
legislative and executive branches of the federal government have a
different view, and in a federal system that view is controlling unless the
federal government is acting in excess of its constitutional powers."

Such a showing hasn't been made, Fogel said in dismissing the case but
leaving the plaintiffs an opportunity to amend and re-file it.

The city and county, along with the Wo/Men's Alliance for Medical Marijuana
(WAMM) in Davenport, had sued in response to the federal Drug Enforcement
Administration's Sept. 5, 2002 raid upon WAMM. DEA agents seized and
destroyed WAMM's plants, but never filed any charges against operators
Valerie and Michael Corral.

This lawsuit marked the first time local governments had joined a lawsuit
seeking to stop federal interference with California's 1996 medical
marijuana law.

"Sadly, the court's decision runs against justice, compassion and humanity,
and will cause more people to suffer needlessly," said Daniel Abrahamson,
the Oakland-based legal affairs director of the national Drug Policy
Alliance and co-counsel for this case's plaintiffs. "While we are clearly
disappointed, we plan to appeal this decision and fully expect a more
favorable outcome in the next court.