SACRAMENTO, CA -- In front of a courtroom packed with dozens of supporters, medical marijuana patient David Harde was sentenced today to 30 months in federal prison.
Judge Frank C. Damrell Jr. was at once regretful and firm in his decision. "I gotta obey the law -- how do I get around that?" the judge asked defense counsel J. David Nick, citing the sentencing requirements for a Class A felony. "You're suggesting to this roomful of people that I have the power to grant probation, and I want to dispel that. I can't go willy-nilly and do what I want to do. I have no choice in the matter."
Sacramento federal court building
And with these claims of powerlessness, Judge Damrell proceeded to sentence Harde to two and a half years in prison.
With some courtroom spectators in tears and a few rising to their feet in protest, it was a dramatic moment that brought conclusion to a 15-month legal battle.
In 2005, Harde was arrested by El Dorado County law enforcement for his role in a patient cooperative. After prosecuting Harde locally for several months, District Attorney Gary Lacy turned the case over to the U.S. Attorney's office and created a change of jurisdiction that eliminated the possibility of a successful medical defense in the case. Since federal courts do not recognize state medical marijuana laws, Harde was left with little recourse once he found himself facing charges from the U.S. government. He quickly changed his plea to guilty in order to accept a negotiated deal that reduced the charges against him to one felony count of cultivation.
By pleading guilty to this felony, however, Harde was required to give up many of his civil rights. He was caught off guard when, at his change of plea hearing, he discovered that his ability to vote would be restricted. "I didn't know that," Harde said about this condition of his plea, pausing for a moment of contemplation before pressing ahead with the deal.
An activist and dedicated community leader, Harde was particularly displeased by restrictions on his voting rights. From his solar-powered natural foods store to his pioneering of official organic farming guidelines to his appointment to the El Dorado County Fair Board, Harde has been nothing short of a role model for involved citizenry. And, to ask for leniency in his case, his citizen supporters not only packed the courtroom, but also packed the mailbox with character letters on Harde's behalf.
Both shows of support were duly noted by Judge Damrell during the sentencing hearing.
"I received 110 character letters on behalf of the defendant. He comes in with a panoply of support, and that's wonderful. Most defendants in this court come in with just themselves and a public defender," Judge Damrell observed. "But is it fair for him to get less because of this? Just because he has support, should he be treated differently from other defendants?"
The questions, it seemed, were merely a rhetorical preparation for the announcement of the sentence.
The judge's attention was more clearly focused on what he saw as an inconsistency in the case. He began by characterizing Harde, "He's a successful, entrepreneurial individual. He keeps books, he pays taxes, he's knowledgeable and intelligent."
This said, the judge contrasted the operation of Harde's natural foods store to the way the medical marijuana cooperative was organized. "This doesn't look like it was run as a business," Judge Damrell said of the cooperative. "It looks like a typical run-of-the-mill marijuana garden. The assets here are significant, and yet you get handwritten little slips of paper about who owes him what, and it appears he was paid in cash."
In explanation, defense attorney Nick presented an argument that a small cooperative and a grocery store are quite different undertakings, with contrasting requirements and operations, as well as different philosophies. "You characterize this as a business, but, your honor, the people don't see it that way," Nick maintained. "They have a more benevolent view."
Benevolence was indeed the image projected by Harde. With his white hair, neatly-trimmed moustache, and exemplary posture, Harde looked the part of a gentle, aging schoolteacher. But even with his shoulders straight, his words were those of a man who was spiritually downtrodden.
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