Santa Cruz, CA: The medicinal cannabis cooperative Wo/Mens’ Alliance for Medical Marijuana (WAMM) received legal protection last week to cultivate and distribute pot free from federal interference.
The cooperative was granted a preliminary injunction by Judge Jeremy Fogel of the Northern District of California. Fogel based his decision on a December 2003 judgment by the Ninth Circuit Court of Appeals, which ruled that the federal prosecution of patients who possess and cultivate marijuana for their own medicinal use is an unconstitutional exercise of Congress’ Commerce Clause authority. Justice Department officials have asked the Supreme Court to review the Ninth Circuit’s ruling.
Last week’s decision was the first time the Ninth Circuit decision has been applied to a medical marijuana collective.
WAMM filed suit against the Department of Justice last April after federal law enforcement officials raided the club, destroying approximately 167 medicinal cannabis plants. Over 25 patients served by WAMM have died since the federal raid.
For more information, please contact Keith Stroup, NORML Executive Director, at (202) 483-5500.