>Sender: >To: >X-Original-Message-ID: <026b01bf2cde$37cfa460$9acf69cf@pacbell.net> >From: "Peter McWilliams" >Subject: Letters to Lockyer >Date: Thu, 11 Nov 1999 23:19:11 -0800 >X-Mozilla-Status: 8001 >X-Mozilla-Status2: 00000000 > > >Here is a letter from my attorney to the Attorney General of California, >Bill Lockyer. I think it is time for a letter writing and fax campaign to >the Attorney General asking that he take the federal government to court >over Proposition 215 (now the California Health and Safety Code Section >11362.5). This is especially true of California residents, although all are >welcome to take part. > >Bill Lockyer >Attorney General >1300 "I" Street >Sacramento, CA 95814 > >Fax: 916-445-6749 > >Thank you. > >Enjoy, > >Peter > >------------- > >THOMAS J. BALLANCO, Esq. >8581 SANTA MONICA BLVD. # 468 >LOS ANGELES, CA 90069 >310-291-3659 > > >November 11, 1999 > >Bill Lockyer >Attorney General >1300 "I" Street >Sacramento, CA 95814 >Fax: 916-445-6749 > >Dear Attorney General Lockyer, > > As you may recall, I am the attorney who represents AIDS patient Peter >McWilliams in the medical marijuana case of United States v. Peter >McWilliams, et. als. On Monday, the government amended its indictment, >dropping all counts related to any alleged intent to distribute marijuana. >This case is now about Peter McWilliams and cancer-patient Todd McCormick >and the medical marijuana plants they are each alleged to have manufactured >for their personal medical needs-conduct expressly sanctioned by California >state law. > > Ultimately this is a case about sovereignty and ought, therefore, to be >decided among sovereigns. Peter McWilliams acted in compliance with a >popular state law and expected California Constitution Article III § 3.5 to >protect him. The federal government, which has not given an inch-even >despite the release of its own Institute of Medicine Report-selected certain >California patients for prosecution as a message to all the others. Now >Peter McWilliams is being crushed against the state's inaction. The >Compassionate Use Act is a valid state law and under our State Constitution, >"An administrative agency has no power . . . to declare a statute >unenforceable or to refuse to enforce a statute on the basis that federal >law or federal regulations prohibit the enforcement of such statute unless >an appellate court has made a determination." CA Const. Art. III § 3.5. No >appellate court has made such a determination as the Attorney General has >yet to fulfill his constitutional duty to challenge the federal government's >interference with California's right to determine its own medical policy. > > In light of the federal district court judge's rulings last week, >effectively eviscerating our defenses, only a miracle now stands between >Peter McWilliams and a ten-year mandatory minimum term in prison. Even if >successful on appeal, this would require Mr. McWilliams to spend at least >nine months to a year in federal prison. For an AIDS patient with a >severely weakened immune system, such as Mr. McWilliams, any prison sentence >is tantamount to a sentence of death. > >I do not know what it will take to spur the State to action on this issue. >Article V Section 13 of the California Constitution charges the Attorney >General with "the duty to see that the laws of the state are uniformly and >adequately enforced." The Compassionate Use Act is not being enforced >adequately and is not being supported against the federal onslaught, >certainly not here in Peter McWilliams' case. > >Is there any doubt that marijuana is an effective medicine? That in certain >cases medical marijuana is the only effective therapy for ailments such as >chemotherapy-induced nausea and AIDS wasting? If there is doubt, see the >IOM Report. If there is no doubt, take a stand with Peter McWilliams on >behalf of the State of California. The choice of the voters in the richest >and most populous State should be given some deference by the federal >government, especially when its position is bolstered by the federal >government's own scientific and medical evidence. > >Prior to his arrest, Peter McWilliams was an author at the peak of his >creative career. He was pursuing dozens of book projects and was poised to >take full advantage of his proven knack for Internet development and >marketing. These projects would have brought hundreds of millions of >dollars into his publishing company. Instead Peter lies near death, about >to declare both personal and professional bankruptcy, with nothing but the >prospect of incarceration dominating his future. All because he followed a >state law, one that he expected you to follow as well. [See Cal. H&S § >11362.5(b)(1)(C) directing "the federal and state governments to implement a >plan to provide for the safe and affordable distribution of marijuana to all >patients in medical need of marijuana."] > >Of course, Mr. McWilliams' estate will pursue every possible legal avenue >for recovery in the event that he dies as a result of this prosecution and >the State's inaction. But there is no monetary value that could ever >compensate for the State's failure to act to avert this clearly avoidable >tragedy. If you choose not to act, then Mr. McWilliams intends to revise >and re-file the lawsuit he filed last year against Attorney General Lungren >(copy enclosed). This lawsuit was withdrawn after you took office as a >courtesy to provide you with time to implement the Compassionate Use Act >using your own methods. However, now that Peter McWilliams is forced to >stand alone against the full brunt of this federal prosecution, with no >discernible defense, he is prepared to take action against you in your >capacity as Attorney General. > >There is still time to aid Mr. McWilliams in his struggle. Mr. McWilliams >demands that you file an immediate action in federal court on behalf of the >State of California insisting that federal authorities no longer frustrate >the purposes of the Compassionate Use Act. He also demands that you request >the district court to stay the McWilliams trial (scheduled to begin on >November 30, 1999) until such time as the matter between the State of >California and the federal government is resolved. Please call me if you >have any further questions or if I can be of any assistance with the federal >litigation. Thank you for your time and consideration. > > Sincerely, > > > Thomas J. Ballanco > > > >================================================================ > >This message is sent to you because you are subscribed to > the mailing list . >To unsubscribe, E-mail to: