Ruling: As of July 2005, the Ninth U.S. Circuit Court of Appeals was still considering whether to overturn an earlier U.S. district court ruling that denied the return of the 160 marijuana plants that were taken by Drug Enforcement Administration (DEA) agents during the September 2002 raid. Visit www.SantaCruzvsAshcroft.com for updated information.
Background: This is the second suit that was filed by the Wo/Men's Alliance for Medical Marijuana (WAMM) following the DEA raid in 2002. WAMM cofounders Valerie and Michael Corral filed this lawsuit on the grounds that the federal government unlawfully seized property from them during its raid of the medical marijuana cooperative.
Although the plants were worth thousands of dollars, U.S. District Court Judge Jeremy Fogel denied the return of the plants, but the DEA did return a computer and other items that belonged to the Corrals.
Judge Fogel's April 21, 2004, ruling in Santa Cruz v. Ashcroft (see above) led WAMM to appeal his decision in this case to the Ninth Circuit, where it remains under review. According to the Corrals' lawyer, Ben Rice, "[The appeal] is to vindicate WAMM and get the Ninth Circuit to agree the feds were overstepping their authority" in the raid.3
The DEA has said that it will not return the marijuana plants.
3 Brian Seals, "WAMM Set for Appeal to Return Seized Pot," Santa Cruz Sentinel, September 14, 2003.
State-By-State Report 2006
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