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Why is a
California
County suing the Federal Government?
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Professor Gerald Uelmen of Santa Clara
University School of Law together with the prestigious
law firms, Drug Policy Alliance, Bingham McCutchen, the ACLU's Drug Law Reform
Policy, with local attorney Ben Rice acting as counsel for the City and County of Santa Cruz
and WAMM. Our lawsuit names eight individuals, our collective and our
city and county in a lawsuit against US Attorney General Alberto
Gonzales, John P. Walters, Director of National Drug Control Policy,
Drug Enforcement Administrator, Karen Tandy and 30 unnamed and armed DEA agents. Plaintiffs claim that the
constitution prevents the federal government from interfering with patient's rights
and that under state law patients with a doctor's recommendation have
the right to access medical marijuana without interference from federal
agents. Attorneys for the
plaintiffs will argue 10th Amendment, Substantive Due Process, and the
Necessity Defense.
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Why is this case so important? |
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Never before has a city or county joined a
medical marijuana organization as plaintiffs in a lawsuit
against the federal government. The City of Santa Cruz has deputized Valerie
And Mike Corral, making them agents of the City. The Corrals and WAMM work
closely with city and county government to promote their collective model,
offering medicine at no cost to members, who consist of primarily of
terminally ill patients and their caregivers.
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