August 30, 2007
Consistent w
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ith the Ninth Circuit’s March 2007 ruling in
Raich v. Gonzales, Judge Jeremy Fogel of the U.S. District Court for the Northern District of California, San Jose Division, dismissed outright a number of claims made of behalf of the Wo/Men’s Alliance for Medical Marijuana (WAMM). Importantly, however, two of the issues raised by WAMM and the County and City of Santa Cruz remain alive: (1) the ability of patients to raise a medical necessity defense in the face of federal prosecution, and (2) the claim that the federal government may have violated the Tenth Amendment of the U.S. Constitution.
