Another legal blow for medicinal marijuana

Published: Aug. 29, 2003 at 1:46 PM
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SAN JOSE, Calif., Aug. 29 (UPI) -- A federal court in San Jose, Calif., has ruled that when it comes to medicinal marijuana, federal law takes precedence over state practices.

The Wo/Men's Alliance for Medical Marijuana in Santa Cruz was raided by Drug Enforcement Administration agents last Sept. 5.

Co-founders Valerie and Michael Corral were arrested and the federal agents seized membership lists and photo albums and ripped out 167 marijuana plants.

U.S. District Judge Jeremy Fogel acknowledged that medicinal marijuana could alleviate pain, but said that federal drug laws prevail over the state's 1996 medicinal marijuana initiative.

In 2001, the U.S. Supreme Court ruled that third parties could not provide medicinal marijuana to ill patients because federal drug laws supercede state laws.

Valerie Corral told the San Jose Mercury News that she, along with the other suit plaintiffs, which include the city and county of Santa Cruz and hundreds of medicinal marijuana supporters, will appeal to the Supreme Court if necessary.


© 2003 United Press International, Inc. All Rights Reserved.



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