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3/22: First Constitutional Challenge to Medical Marijuana Charges Monday

by Americans for Safe Access
At
a hearing on Monday in federal district court in Los Angeles, an attorney
for the medical marijuana advocacy group Americans for Safe Access will
argue that the prosecution of a Victorville
couple is unconstitutional under a recent ruling by a federal appeals
court.
NEWS ADVISORY from Americans for Safe Access -- MEDIA
CONTACT: William Dolphin (510) 919-1498

Friday, March 19, 2004


First Constitutional Challenge
to Medical Marijuana Charges

Advocacy Group to Argue Motion to Dismiss on
Behalf of Victorville Couple Monday



LOS ANGELES – For the first time, a
criminal prosecution of medical marijuana patients is facing a challenge
on constitutional grounds that could lead to dismissal of all charges.


The judge, Nora M. Manella, requested briefs on the constitutional
question after the Ninth Circuit Court of Appeals ruled in a civil case
that the federal arrest and prosecution of medical cannabis patients is
unconstitutional. In that case, Raich vs. Ashcroft, the appellate
court ruled in December that so long as patients obtain the marijuana
without buying it or crossing state borders and use it medicinally in
compliance with state law, the federal government cannot legally
interfere. The case was the first instance of a court finding an aspect
of the federal ban on marijuana to be unconstitutional and led to an
injunction against future federal arrest and prosecution.


The hearing Monday involves federal criminal charges against Anna
Barrett, 32, and Gary Barrett, 35, whose home was raided by federal DEA
agents in May 2003, within days of having state marijuana cultivation
charges dismissed. Both have doctor's recommendations to use marijuana
for medical purposes. Gary Barrett suffers from Crohn's disease, a
potentially fatal digestive tract disorder, and Anna Barrett uses
marijuana to control the chronic pain she has suffered since she fell
five stories from a London hotel balcony in 1995, while on their
honeymoon.


Under the terms of a state probation order issued in July 2000 after an
earlier arrest by San Bernardino County sheriff’s deputies for
cultivating medical marijuana, the Barretts are expressly allowed to grow
34 adult flowering plants, as well as an undefined number of immature
plants, and keep up to 7.1 pounds of dried medicine. The Barretts are
free on $20,000 bond each. The case is #CR03-457-NM.


WHAT: Hearing on motion to dismiss federal marijuana cultivation
charges as unconstitutional


WHEN: Monday, March 22nd at 1:30pm


WHERE: Courtroom of the Hon. Judge Nora M. Manella, U.S. District
Court for the Central District, Courtroom 11, 312 Spring Street, Los
Angeles


WHO: Medical marijuana patients Anna and Gary Barrett.
Appearing on behalf of the Barretts to argue the motion to dismiss,
Joseph Elford, constitutional law expert and staff attorney for
Americans for Safe Access


# # #



For more information, contact William Dolphin at (510) 919-1498 or
asa [at] wiliamdolphin.com. A national coalition of 5,500 patients, doctors
and advocates, Americans for Safe Access is the largest organization
working solely on medical marijuana.

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