"It’s real easy. I was born, went to ‘Nam,
lived in a bottle for 20 years, then found God and ganja."
- Charles Edward "Eddy"
Lepp
Charges? We Don't Need No Stinkin' Charges!
DEA Medical Marijuana Raids
by Preston Peet- for DrugWar.com
all marijuana photos by Linda Senti

Lepp and Senti's favorite bud
October 24, 2002
Charles Edward "Eddy" Lepp and his wife
Linda Senti own a farm in Upper Lake, California, with a sign
out front that reads, "Eddy's Medicinal Gardens and Chapel."
Nestled up against the Mendecino
National Forest at the lower edge of the Emerald
Triangle, they're very open about growing high-grade medical
marijuana on their farm. On August 27, 2002, DEA
agents and members of the Lake County Narcotics Task Force raided
the farm while Lepp and his wife were away in San Francisco. Although
the DEA
claims its agents confiscated 266 nearly mature marijuana plants,
"There are no pending federal charges against this gentleman
or his wife," US Attorney in San Francisco spokesperson Debbie
Young told this writer. Lepp, an ordained minister and Vietnam
veteran, is the first person to have been arrested, tried and
acquitted under the Compassionate
Use Act of 1996, better known as Proposition 215, for growing
medical marijuana in California.

Eddy
Lepp
It is a mystery to many how the feds can
justify their recent spat of raids on medical marijuana growers
as they are not pressing charges in most cases even after finding
large quantities of pot. It would appear that if a warrant were
issued for a search and illegal contraband was recovered, arrests
would be forthcoming, but in many
recent cases in California this has not happened.
For other unfortunate victims of capricious
federal anti-drug warriors, it's worse, in that some are facing
raids and charges for ridiculously small amounts of pot that the
locals not only know about, but condone. Steve
McWilliams, who gave out free medical marijuana to patients from
the city hall steps in San Diego on September 17, in protest
of yet
another chargeless raid- this one against the Wo/man's Alliance
for Medical Marijuana in Santa Cruz on September 5- was
given a warning letter by DEA agents, then had DEA
troopers show up to destroy his 25 plant garden within a week.
"This guy is violating the law and he's flaunting it. He brought
this whole thing on himself," DEA spokesperson Donald Thornhill,
Jr. told the San Diego Tribune.
"If you voice your opinion and assert
your rights, then you become a target for the DEA? That’s unfortunate,"
said Allen
St. Pierre, Executive Director of the NORML Foundation. "The
idea is that he’s ‘flaunting it’ by simply asserting his rights
under state law and under the 1st
Amendment. If that’s the kind of criteria, then judges and
eventually appeals court panels should hear these cases on the
basis that it sound like selective prosecutorial misconduct."
McWilliams
is now facing a 5-year mandatory minimum prison sentence if
convicted as a result of this raid, combined with charges just
now levied by the feds for
another raid back in 1999 on the Shelter from the Storm Cannabis
Collective, which McWilliams helped organize.
These
DEA actions are disturbing to many people, patients
and public
officials alike. San Jose, California
Police Chief William Lansdowne recently pulled
his officers off their assignments to the DEA's
High Intensity Drug Trafficking Area task force, a cooperative
narcotics law enforcement effort between local, state, and federal
officers, saying his officers have more important things to concentrate
on, like methamphetamines.
California Attorney
General Bill Lockyer, who supports and even voted for the
Compassionate Use Act, sent
a letter [Download free Adobe Reader here]
to DEA
head Asa Hutchinson and US
Attorney General John Ashcroft, saying, "I must also
question the ethical basis for the DEA's policy when these raids
are being executed without apparent regard to the likelihood of
successful prosecution," after the DEA raid on the Wo/men's
Alliance for Medical Marijuana.

CA Attorney General Bill Lockyer
That was just one of Lockyer's "concerns,
that the feds were making more political statements without really
intending to carry the case through," said Hallye Jordan,
spokesperson for Attorney General Lockyer. "That was sparked
by the Santa Cruz raid. That was the one he was most concerned
about because local law enforcement was totally unaware of it,
not involved and uninformed. At this point, because there are
no state-wide standards, the Attorney General has encouraged communities
to get together, the law enforcement, the health professionals,
the medical marijuana advocates, city and county officials, and
put together a plan, whether it’s how many plants would be covered
as for medical purposes, or what sort of identification card would
be appropriate, to just come up with their own way to meet their
community standards. You know, some guidelines for implementing
Proposition 215. And in fact, that’s what the case was in Santa
Cruz. The clinic there was sanctioned by local law enforcement
and city officials. They were all working together. It was all
working out just the way we’d hoped it would be lacking the state-wide
standards." DEA
chief Hutchinson's reply [Download free Adobe Reader here]
to Lockyer's letter addressed at length the Supreme
Court ruling that Congress has decreed marijuana to have no currently
accepted medical benefits, but did not address the vindictive
raiding by federal enforcers without subsequent charges.
DrugWar.com is happy to have had the opportunity
to speak with Lepp and his wife over the course of a couple days
this week, about the raid at his place, what he plans to do about
it, and a number of other topics too, in an interview which we
now post here. Short discussions with representatives of California
Attorney General Lockyer's office and NORML
follow this interview.
------------

pre-raid
Eddy Lepp- I first
started using marijuana over in Vietnam.
I wont go into details, but they had some amazing shit over
there. Smoking allowed me to keep myself well. Later on, I would
kind of smoke it socially but I was drinking heavily for years.
Then in about 1987 or 1988, something like that, my Dad got cancer.
He underwent 14 major operations in about 14 months. After getting
out of the hospital, he lived about another year before he died.
During that year, he was living on Ensure, the protein drinks.
The only way I could get him to drink the stuff was to roll up
a big ol fatty and shove it in his tracheotomy tube. One
of my fondest memories of my father is him walking around with
a big fatty I rolled stuck in his trach tube choking down his
Ensures. Thats when I first got involved with it in a medical
aspect. My daughter was a caretaker for a young gentleman who
got AIDS back in the beginning of the AIDS epidemic when it was
truly a terrible thing and they had no control over it at all.
Through him, I was introduced to Dennis
Peron. A while later Dennis came up with this wild, hair brained
idea which ended up being Proposition 215, [The Compassionate
Use Act of 1996.] When they started gathering signatures, I got
involved and helped gather signatures. My wife Linda and I gathered
almost 500 signatures ourselves to help get it on the ballot.
Dennis and I wound up being pretty good friends because were
both Vietnam vets. After Prop. 215 passed, it wasnt 3 or
4 more months before I got arrested.
Preston Peet- For growing?
EL- Yeah, I was the first person arrested, tried,
and acquitted for felony cultivation and felony cultivation for
sales in the state of California under Proposition 215.
P- Was it state prosecution?
EL- It was a state prosecution. I was the first
person acquitted under our medical marijuana law, in 1998, in
the Lake Port Superior Court, California.
P- Where are you located?
EL- Were in a little town called Upper Lake,
which is the bottom corner of the Emerald Triangle, right at the
bottom of the Mendecino National forest, about 15 miles from Lakeport.
I was arrested for growing at the other end of the county in a
community called Hidden Valley.

pre-raid
P- How long did the legal fight take in that case?
EL- I was arrested in April or May of 1996, like
I said, only 3 or 4 months after Prop. 215 passed. It took a total
of about 2 years to wind through the courts.
P- Now, this last incident that happened, when did that take
place? And please describe briefly what happened.
EL- August 27 was the date of the DEA raid.
P- What exactly happened? You were off in San Francisco, werent
you?
EL- Actually, my wife and I had gone to Monteray
because I had a doctors appointment at 9 in the morning
there. We then went to San Francisco. We were meeting with some
folks from the Patient
Resource Center, which are some of the people who worked with
Dennis for many years when Dennis had his clubs. When Dennis went
out of business, and got out of the club scene, these are the
people who worked in his office, the head of security, his truly
trusted core. They went ahead and started this group, the most
respected dispensary in the state of California. They have the
full support of Terrance
Hallinan, and virtually every official in the city. They are
very well respected. They were covered under the Catholic Diocese,
and I believe still are, as far as protecting them.
P- So youre down there meeting with them
EL- Theres this city supervisor, Mark
Leno, who proposed that San Francisco grow their own marijuana
for their own patients. What I was doing was asking the board
of directors from the Resource Center to be intermediaries between
me and Leno, as I dont know him, and they know him very
well. I was offering to grow up to 5 acres in my lower piece of
property, for free, for the state, and the city of San Francisco.
I also told the board of directors I would soon be having up to
3 or 4 hundred pounds that I would be giving them free. Then we
left there, and went to the VA hospital where I had a 2 oclock
appointment. While we were waiting there in the parking lot my
daughter called and told us the DEA were raiding us. Within 10
minutes of finding out we were being raided, we notified the prosecutors
at the federal building that I was in town and if they had an
arrest warrant out for me I would be at the federal building within
another 10 minutes. They said there was no arrest warrant.
P- Thats really odd, considering they were raiding your
property.
EL- Yes, we thought that was odd too. We called
the Lake County sheriffs, and they said they had no warrants for
my arrest or Lindas arrest.

pre raid
P- Did they have warrants for anybodys arrest on the
property?
EL- They arrested 4 guys who live here.
P- Did DEA have warrants for them?
EL- No. They were here when the DEA came in with
their search warrant. On all of those people, the 4 guys that
live here, 3 of them were never arraigned, they were just released
with no charges filed. The fourth guy we bailed out, and he has
to go back to court in order for the judge to dismiss the charges.
The bail bondsman has already assured us that is exactly what
the judge is going to do, dismiss all the charges.
P- Why is that?
EL- Because theyve dismissed them on everyone
else. The DEA has no legal right. All of these men have completely
legitimate, legal recommendations, and none of the plants per
the DEA belonged to any of those men. The DEA was charging me
for all of the plants. Or was going to if they were able to furnish
enough evidence to the prosecutor to have me arrested, which they
couldnt do.
P- Now where did you hear they were planning on arresting
you? Is that the assumption going here?
EL- Thats the assumption, but why the hell
else would they serve a search warrant if they werent planning
ultimately on arresting me? Actually some of the cops on the raid
told several of the boys here that they were here to fuck with
me. They are sick and tired of me.

P- There are the federal cops?
EL- Federal and local both mentioned this. It was
mentioned to 3 or 4 different people. I have a wide variety of
witnesses.
P- Both federal and local cops were at your place?
EL- Yes, the local cops participated with the DEA
in the raid. Which is kind of strange as Im suing the fuck
out of them for what they did the first time around. Im
kind of wondering how they figured, you know, there wasnt
some kind of conflict of interest there. Im suing them while
theyre over here chopping down my crop.
P- Yeah, that does seem like a bit of a conflict, doesnt
it.
EL- It sure does to me, but Im not a highly
educated legal professional like these idiots. I am the guy though
who has figured out how to keep them off his property, now and
forever. Ive already served notice and talked to a George
Bevan, the federal prosecutor. [US Attorney] I dont know
where this thing is going to go, but I do know if we do not stand
up for our rights and do something about this, we are all screwed.
P- Youve told me the cops left a lot of stuff behind,
right?
EL- Yeah, they left half an ounce of hash, 3 or
4 joints in a rolling tray, a one pound plant hanging in the closet
drying. They also left 4 rounds of .227 ammo in the driveway,
which was turned over to Congressman
[Mike] Thompson (D-CA).
P- Did you take pictures of the bullets before you turned
them over?
EL- Oh yeah. We turned it over to Congressman Thompsons
office because I really didnt want to have DEA ammunition
in my house.

P- They didnt press any charges. Have you filed a lawsuit?
EL- No, what were going to do is on Wednesday,
when I go down to the DEA, Im, going to the federal courthouse
and find out exactly what I have to do to request a hearing. Then
Im going to go to the hearing and demand they explain exactly
where under the federal constitution they claim the authority
to enforce federal drug laws inside the sovereign state of California.
Im going to do that based on 40-USCS-255.
P- Which says?
ED- Interpretive
note number 14 of 40
USCS 255 explicitly reiterates the only method by which the
federal government may acquire legislative jurisdiction over a
geographic area within the outer limits of the state of the union,
which is by the states cessation in writing. Legal jurisdiction
is obviously required to enforce any law. Also, a copy of the
1956 federal report titled Jurisdiction over Federal Areas and
the Committee for the Study of the Jurisdiction
Over Federal Areas Within the States. In 1954, the Attorney
General, Herbert
Brownell, and President
Eisenhower had an interdepartmental committee commissioned
and what they did is look into 40 USCS 255 and the jurisdiction
report over federal areas within the states and the recorded documents.
The finding of the committee charged with the duty of studying
the reporting were that the United States didnt have the
authority to make someone subject to its jurisdiction. If it wont
bore you, Ill read you three little paragraphs that explain
this 400 page report.
P- Ok.
EL- It states clearly- the Constitution gives express
recognition but to one means of federal acquisition of legislative
jurisdiction. That is by state consent Article 1, Section A, clause
17. Justice
McClane suggested that the Constitution provided the sole
mode for the transfer of jurisdiction and if that mode is not
pursued no transfer of jurisdiction can take place. (See report,
page 41) It scarcely needs to be said that unless theres
been a transfer of jurisdiction pursuant to clause 17 by a federal
acquisition of land within the state with their consent, or two,
by cessation from the state to the federal government or unless
the federal government or unless the federal government reserved
jurisdiction upon admission of the state, and 200 years ago I
dont think they did, the federal government possesses no
legislative jurisdiction over any area within the state. Such
jurisdiction means exercised by the state subject to non-interference
by the state in federal functions. (See report, page 45). Then
this is the interesting one here. On the other hand, while the
federal government has the power under various provisions of the
Constitution to define and prohibit as criminal certain acts or
admission occurring anywhere in the United States, it has no power
to punish for various other crimes, i.e. growing pot, jurisdiction
over which is retained by the state under our federal state system
of government, unless such crimes occur on areas on which legislative
jurisdiction has been vested in the federal government, i.e. if
I were in a federal forest. Then Id be fucked.
P- But the pot was growing on your own land, right?
EL- Right. Theres a couple other interesting
things. One is US
vs. Lopez, 1995. Lopez was convicted in Texas for violating
a federal gun law. He took a gun to school. Local jurisdiction
didnt pick up on it, but the feds did. This guy used as
his only means of defense 40 USCS 255, while he was in prison.
The US Supreme Court reversed the trials court decision, explaining
that if it allowed it that would amount to the elimination of
the basic Constitutional requirement of the separation of power.
It goes on to say, to reiterate, even regarding the clear element
of safety issues such as guns, the federal government was denied
police authority by the United States Supreme Court inside the
state of Texas because they lacked legislative jurisdiction. DoJs
claim for legislating guns in Texas was interstate commerce laws.
Thats all they had to offer for jurisdiction on appeal.
Lopez was released from jail.
P- How did you find out about this?
EL- Ive been doing this for years, but about
2 weeks ago, I got a phone call. For example, the Lopez vs. USA?
Thats posted proudly down under my No Trespassing
sign. I was missing a couple pieces. Then my phone rings. A voice
asks, you that dope guy, that marijuana guy? We got nothing
in common. But I might be able to help you." He says, "I
dont pay taxes. What he gave me was the USCS-255 and the
1956 report. Those were the only two pieces Id missing.
Let me give you an example of how important this stuff really
is. Approximately 30 months ago, Mr.
Walt Maken was arrested. He was arrested and charged with
various federal misdemeanor and felony charges relating to file
of federal income tax returns. At his arraignment, he was asked
to plead guilty or innocent. Without a lawyer he refused to enter
a plea, and instead submitted a motion formally challenging the
jurisdiction of the US government to enforce federal tax laws
in the State of Ohio. He cited 40 USCS 255 as his only argument.
Thirty months later the US Department of Justice has failed to
produce the legal documentation explicitly required per the statute
to establish jurisdiction in his case. To this day, he has not
stepped for in a federal court house again. His prosecution and
trial have been stopped. His federal case number is CR300019.
The judge who presided over that was judge Herbert Rice in Dayton,
Ohio. You may contact Mr. Maken if you would like at waltmaken@hotmail.com.
That's how strong this stuff is. Im going to kick their
asses. If I have to appeal it all the way to the Supreme Court,
thats what Ill do. If this guy can keep these feds
off his ass for not paying federal income taxes, you bet your
ass Im going to keep them from coming in and tearing up
my property.

post raid
P- Have you heard back from any DEA agents at all?
EL- I have not heard back from the DEA. Mr. Bevens
told me two weeks ago to make a formal request for the return
of my property. He asked me to send it to him and explained that
he would try to help if he could and would try to get DEA to return
my property. So we sent him a formal letter requesting the return
of all our personal items they took from the house. They took
approximately 3500 pounds of high grade medicinal marijuana. Or
as they put it in their exact words was the very highest
grade of medical marijuana. They were blown away.
P- Theyre gloating over it. I wonder if theyre
pinching off any of it.
EL- Dude, I know they stole 16 plants because I
had 5 guys count that garden the day before I went to the hospital.
All 5 of them came up with a count of 282. I was so careful with
the numbers, youve no idea. The DEA is claiming just 266.
We had marked 16 of the plants to be cut. Now you add 266 and
16 you get 282. The ones that were ready, that were done, have
mysteriously disappeared.
post raid
P- Now, theyre weighing the whole plant when the say
3500 pounds, right?
EL- Well, no, theyre not. They had to cut
branches off the whole plant. They left all the stalks. They couldnt
cut them all down. I have a whole pile of them in the garden.
See what happened was, when they showed up with all their equipment,
they didnt have anything that could cut down the plants.
They tried using a few of my machetes, but still couldnt
cut them down, couldnt hang with that much work maybe. So
then they broke out two of my chain saws and cut them all down.
All they did was cut the branches off the stalks. What they weighed
was pretty much the true weight. There was some small amount of
wood in there from the branches, but there were no roots, no dirt,
just flat what they cut off the stalks.
P- How do you feel about this?
EL- Excited. Exhilarated.
P- Excited and exhilarated? Those arent exactly the
words I was expecting to hear.
EL- Thats the way it makes me feel.
P- Which is it that makes you that way, the raid, or the action
your going to take?
EL- The action Im going to take because they
were stupid enough to come in here. See, I always figured they
would.
P- So you are looking at the bright side of all this then.
EL- Oh yeah. Its real simple. They crushed
me. Fuck, Im not going to say that what they did didnt
hurt me, it did. But at the same time, if they think Im
going to curl up in a fetal position so they can put some more
dick in my ass, they got the wrong California boy. Im a
little further north of Frisco than they seem to think.

gifts from friends the day after raid
P- Now have youve heard theyre prosecuting that
one guy in San Jose for 25 plants, McWilliams?
EL- Right.
P- Have you had any contact with him?
EL- Ive tried to be in contact with everybody,
and everybody knows who I am and where Im at. My phone rings
off the hook. One guy called me this morning about his brother,
who was traveling through Oklahoma and they arrested him for possession
and they wont respect his doctors recommendation.
I get shit like this all day every day. So I cant swear
to it. But Ive made it very public to everyone what Im
doing and how Im doing it. Hopefully the Corrals are getting
on board too.
P- Yeah, they should be, right?
EL- Well, I took copies of this down to them when
they had their rally in Santa Cruz. I gave it all to them.

the gifts get planted
P- So who told them about your farm?
EL- Im sure the local cops turned me in.
The local cops are a bunch of fucking gangsters, they really are.
Im making a motion tomorrow to force the Highway Patrol
to give back my pot. This Highway Trooper pulled me over recently,
and told me to get out my insurance papers and drivers license.
I drive a 4 by 4 pickup. She looked in the back and saw big ol
jar of marijuana. She asked, do you normally drive around
with marijuana in your vehicle, and I said, hell yes,
all the fucking time, every day. Heres my doctor's recommendation.
She wrote me up, gave me a ticket for no insurance, which I proved
I had but she ignored, and then she wrote me up a speeding ticket.
P- She wrote you up for not having insurance even with you
holding your insurance papers?
EL- Yeah, because I didnt have an insurance
card. I have a letter. My insurance company doesnt give
cards. They sent me a letter. She wouldnt honor it. She
wrote me up. Before I went to court, I got a letter from the judge
saying my trial date had been changed and the charges had been
dropped. So I go into court and say, Your honor, before
we deal with the insurance and the ticket, what about my goddamned
pot? He told me I had to file a motion, so Ive got
a motion all typed up and when I go to court Monday, I will be
submitting it to get my pot returned.
P- She confiscated your pot too?
EL- Yeah, she took nearly an ounce and now theyre
going to have to give me that pot back. On top of me suing the
local cops anyway, I mean, its just a joke. Every time they
turn around I kick them in the nuts.
P- So do you know exactly what you have to do to file suit
over the feds raid?
EL- No, not yet. Im going to get all the
exact information on how to do that when I go down to San Francisco.
P- Didnt some of the people arrested at your place get
letters when they were released saying there werent going
to be any charges filed?
EL- All of the boys who were arrested here and
taken to jail got pieces of paper stating that there was going
to be no further action in this issue. The word no was hand written
in on every one of them.
-----------
a couple days later...
------------
Linda Senti- He
went to court yesterday, the judge said yes, they have to return
your marijuana, and dropped all charges. But now the Highway Patrol
is not accepting what the judge gave him. So were going
to have to resubmit.
P- What do mean, like appeal?
LS- No, we have to formally write up the order
and have the judge sign it then take it to the Highway Patrol.
P- Theyre just going to make you jump through as many
hoops as possible.
LS- The highway patrol is ignoring what the judge
said because the judge didnt say it on the piece of paper
they want him to. This is the kind of garbage were going
through here. The cops will do it, but we have to go through another
formal motion. So weve won another victory, but we have
to fight for it too.
P- At least that is good news partially. Eddy, what is your
current civil suit against the local police over? The first bust
back in 1996?
Eddy Lepp- Were
suing the locals for the return of that marijuana. What happened
on is that they destroyed 655 pounds of high grade medical marijuana.
They destroyed it. Ive never argued whether or not they
had the right to do so, but what they did was destroy it without
notifying me. Believe it or not, even if it is heroin, they cannot
destroy your property without notifying you, without telling you
they are going to do it. There are procedures.
P- Even for heroin?
EL- For anything, any contraband, even illegal
items.
P- I did not know that. I thought they would simply take it
because it was illegal and do what they want with it.
EL- I know it is true, and you know why? Because
I got busted coming into Las Angeles once, with about an eight
ball of Nepal
Temple Ball that I forgot to take out of the side pocket of
my suitcase.
P- Why are you going to have to go to trial if they arent
charging you with anything?
EL- Right, they arent charging me with anything,
so. Itll be about 2 more weeks before I turn in the paper
work, but Ive gone and found out now exactly how to do it.
I have to go down to the court clerk and give her a piece of paper
asking specifically for a court date to allow me to introduce
motions.
P- So its not a trial, but more a hearing?
EL- Actually I dont even know if youd
call it a hearing. All a judge is going to do is give me an opportunity
to present my paper work. Ive been telling all these other
people out here filing lawsuits that they are asking the wrong
questions, but nobody is listening. But Jeff
Jones has finally, on his last appeal, gone back and readdressed
the Constitutional issue of legislative jurisdiction. Several
of these people filing lawsuits have gone after the feds on jurisdiction,
but theyre also going after them on three or four other
thing, like Constitutional violations under the 10th
and 11th,
and the 4th.
This is where theyre going to get screwed just like the
Oakland
club did. Im going to ask them one question and one
question only: Exactly where in the US Constitution did you get
the authority to assume legislative jurisdiction over a sovereign
citizen inside the state boundaries of the sovereign state of
California? Under 40-USSC-255, paragraph number 17, it states
clearly that unless the property is owned by the federal government
by cessation by the state, they have no authority.
P- On Wednesday, the judge ruled the highway patrol has to
give back you pot. Have you filed that paper work yet?
EL- No, because Lindas computer crashed,
and the guy is coming to fix it tomorrow. As soon as it is fixed,
shell type up my letter and the judge will sign it.
more gift planting the day after raid
---------
Other interviews and statements-
------
Debbie Young, US Attorneys office, San Francisco-
There are no pending federal charges against this gentleman
or his wife.
DEA special agent in San Francisco Richard
Meyer says that it is the Prosecutors office that prosecutes these
crimes, not the DEA.
Public Information Officer for US Attorneys
office in San Francisco Matt Jacobs-
I dont think so. (On Lepps pot being returned.)
-----------
Hallye Jordan, Spokesperson for California
Attorney General Bill Lockyer- This
is the California Attorney Generals office.
P- Hi, thanks for returning my call. Im looking for
a comment. I understand that Attorney General Bill Lockyer sent
a letter to DEA head Asa Hutchinson calling the recent DEA raids
on medical marijuana growers and users possibly unethical due
to there being no charges filed in many of these cases.
HJ- Well, that was one of his concerns, that the
feds were making more political statements without really intending
to carry the case through. That was sparked by the Santa Cruz
raid. That was the one he was most concerned about because local
law enforcement was totally unaware of it, not involved and uninformed.
The
statement is on our web page. It was sent on Sept. 6, 2002.
He called for a meeting with federal authorities about the unprecedented
medical marijuana raids.
P- Have they actually contacted him and responded to his letter?
HJ- Asa Hutchinson did call him. This went out
on Friday, then Asa did call on Monday, saying this is a courtesy
call in regards to your letter. He
did respond. [Download free Adobe Reader here]
I can fax you his response.
P- I hate to say it but Im not entirely sure of what
Attorney General Lockyers position is on medical marijuana
and the Compassionate Use Act.
HJ- He supports and voted for Proposition 215,
but he does acknowledge it has significant holes as far as implementing
it. When he took office in 1999, he immediately established a
taskforce to implement 215 that had health officials, law enforcement
officials, medical marijuana advocates, DAs, all on the panel.
They came up with recommendations to implement it which
were put into legislation thats been pending in the
legislature for several years now.
P- Is he going to be taking any more action on this?
HJ- Theres been correspondence between Governor
Davis and the Attorney General, [Download free Adobe Reader
here]
because the Governor had publically said that he would work on
implementing some sort of standards or some sort of statutory
authority that would help implement 215. At this point, because
there are no state-wide standards, the Attorney General has encouraged
communities to get together, law enforcement, the health professionals,
the medical marijuana advocates, city and county officials, and
put together a plan, whether its how many plants would be
covered as for medical purposes, what sort of identification card
would be appropriate, to just come up with their own way to meet
their community standards. You know, some guidelines for implementing
Proposition 215. And in fact, thats what the case was in
Santa Cruz. The clinic there was sanctioned by law enforcement
and city officials. They were all working together. It was all
working out just the way wed hoped it would be lacking the
state-wide standards. That was what prompted the Attorney Generals
letter of Asa Hutchinson and Ashcroft.
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Allen St. Pierre, Executive Director NORML
Foundation -
Yeah, in fact the only people who have been
charged in these have been relatively few. Todd McCormick, Peter
McWilliams, Rene Bojee, Bryan Epis, so whats interesting
is why the disparity? Why are these select few facing 5 to 10
year mandatory minimum sentences, or in the case of Todd, serving
a mandatory sentence, whereas people like Scott Imler, Jeff Jones,
Eddy Lepp, and Valerie Corral, why are they only have their medicine
stolen by the government and not facing charges as you or I would
be? One of the underpinings of law is that is cannot be subjective,
so the federal government has put itself in a rather untenable
position once again of having to explain why it is that they are
so subjective in who they chose to prosecute.
P- They dont even seem to have prosecution in mind in
these latest cases.
ASP- Steve McWilliams too would be a perfect case
in point. Heres somebody who they knew who had only 20 plants,
but theyre going back to this old indictment theyre
using it against him from 2 or 3 years ago even though the state,
county and local chose not to prosecute him though they could
have. Here you have them saying its because hes
so outspoken. Oh, so thats the criteria? So if you
voice your opinion and assert your rights, then you become a target
for the DEA? Thats unfortunate. If thats the kind
of criteria, then judges and then eventually the appeals court
panels should hear those cases on the basis that it sound like
selective prosecutorial misconduct. Well, its misconduct
on the part of the prosecutors because theyre being selective
in who they chose to prosecute.
P- Is that a quote?
ASP- Yes, in the San Diego Tribune, by a spokesperson
for the DEA, Donald Thornhill Jr. HE said the following, and I
quote: The DEA is not singling these people out, were
just enforcing the law. Thornhill said, This guy is
violating the law, and hes flaunting it. He brought the
whole thing on himself. So thats a quote, from the
October 12 San Diego Tribune. The idea is that hes flaunting
it by simply asserting his rights under state law and under
the 1st Amendment. Thats flaunting it, so there you go.
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