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SACRAMENTO, CA -- David Davidson was given a 41-month sentence when he appeared in federal court this morning, but the former medical marijuana grower won’t have to give up the next few years of his life. Having served nearly all of his sentence while waiting for his case to resolve, the 59 year old is now a step closer to home and a new beginning. Davidson will soon be transferred from Sacramento County Jail to a halfway house in Iowa, where he will be close to his girlfriend.
The length of Davidson’s sentence was no surprise – both sides agreed on exactly 41months in the recommendation submitted to Judge Morrison C. England Jr. late last year. What remained to be determined today was whether Davidson’s sentence would include an order to pay criminal fines.
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Medical marijuana grower Bryan Epis has been caught in a legal nightmare ever since 1997, when law enforcement agents seized 458 marijuana plants and various computer documents from his home in Chico, CA. That raid occurred mere months after California voters legalized medical marijuana statewide, and Epis’s case quickly inspired outrage in the activist community. Not only was he charged with criminal cultivation, prosecutors used documents taken from the search to charge him with conspiracy to cultivate over a thousand plants. Epis was unable to mount a medical defense to his charges because he was prosecuted on the federal level, where state medical marijuana laws don’t apply. When the case went to trial in 2002, prosecutors relied heavily on out-of-context excerpts from the seized computer documents, which had been printed from different computer programs in a manner that made them appear as a series of separate documents involving various locations. The jury ended up finding Epis guilty and he was given the mandatory minimum sentence: ten years in federal prison. Epis was incarcerated for over two years before getting released on bail pending appeal in August 2004, a move that gave him five and a half years of freedom to spend with his young daughter. However, in spite of claims of prosecutorial misconduct and missing evidence, Epis lost round after round of his appeal. By February 23rd, 2010, he had exhausted his legal options and was taken back into custody to serve the remainder of his ten-year sentence.
BRYAN EPIS X-3311197 6E316A Sacramento County Main Jail 651 "I" Street Sacramento, CA 95814
Sign and help circulate a petition to pardon Bryan Epis, visit www.bestlodging.com/politics
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Last Updated on Wednesday, 03 March 2010 20:02 |
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Veteran activist Michael “Mickey” Martin has a broad base of experience in the medical marijuana industry, including work as the director of T-Comp Consulting and the associate editor of West Coast Cannabis magazine. However, Mickey is most widely known for his work in manufacturing food-based medicines through a company called Tainted Inc., later renamed Compassion Medicinal Edibles. This company, which produced cannabis-infused food products for medical marijuana patients, operated for many years and pioneered safety standards for the entire industry. Unfortunately, a law enforcement raid shut the company down in September 2007, leaving Mickey and three other Tainted Inc. employees facing federal charges. Since California’s medical marijuana laws don’t provide a defense in federal court, Mickey ended up pleading guilty to a single count of “conspiracy to manufacture a mixture or substance containing marijuana.” In September 2008, in a courtroom packed with medical marijuana activists and community leaders, a federal judge gave Mickey a 24-month sentence. He served the first half of this term on home detention but was required to spend the remainder in a halfway house. Following a large public protest on January 4th, 2010, Mickey checked into a community corrections facility in San Francisco. Although he avoided hard prison time, he and his family have endured significant hardships as a result of his sentence. While his wife and two young sons struggle to maintain a household during his absence, Mickey struggles to adapt to the requirements of the halfway house and to tolerate the constriction of his personal liberties. He has chronicled these struggles at http://www.freetainted.com
Michael Martin
111 Taylor St.
San Francisco, CA 94102
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Last Updated on Thursday, 21 January 2010 12:30 |
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After an August 2004 raid on Charles "Eddy" Lepp's northern California property, the Drug Enforcement Administration reported the seizure of 32,524 marijuana plants. According to Lepp, these plants were being grown by members of his Rasta ministry for qualified medical patients under California’s Compassionate Use Act. To the federal government, which doesn’t recognize state medical marijuana law, the grow was considered entirely illegal and Lepp was prosecuted accordingly. Over the next four years, he won a number of victories against the U.S. government, overcoming charges from a botched sales sting against him and getting the search warrant for his raid thrown out of court. The case went downhill, however, when the judge ruled that the plants could remain in evidence because they were in plain sight from a public highway. The same judge subsequently denied Lepp’s religious use claim, ruling that rights of religious expression were overriden by the government’s interest in preventing the diversion of such a large quantity of marijuana. Lepp was still reeling from that denial, which he vehemently disputes, when his case finally went to trial in late August 2008. Lepp himself took the stand in order to tell the jury that he was not guilty because he had not personally grown any of the marijuana; as he put it, he had simply opened up his land for use by members of his Rasta church. However, Lepp was unable to convince the jury of this claim. His emotional testimony about caregiving for his recently-deceased wife also failed to sway the jurors towards acquittal, and they quickly returned guilty verdicts on all charges. During Lepp’s sentencing in May 2009, the judge reluctantly sentenced him to ten years in federal prison, saying the penalty was excessive but that she was constrained by mandatory minimum sentencing laws. Lepp plans to appeal his convictions. Read more about Eddy's case here.
CHARLES EDWARD LEPP #90157-011
FEDERAL CORRECTIONAL INSTITUTION
3600 GUARD ROAD
LOMPOC, CA 93436
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Last Updated on Sunday, 09 August 2009 01:49 |
James Holland was arrested during a September 2005 raid of his medical marijuana dispensary -- the Free and Easy Cooperative in Bakersfield, California. The bust involved a wide assortment of local and federal agencies, including the Kern County Sheriff's Department, the Bakersfield Police department, the Drug Enforcement Administration, the U.S. Attorney's Office, and the Bureau of Alcohol, Tobacco and Firearms. In addition to the federal charges related to his dispensary, Holland also faced counts stemming from the illegal possession of firearms that were found during the raid. Held in Fresno County Jail during the course of his prosecution, Holland eventually decided to accept a plea deal that offered him a nine-year prison sentence. Although his patients described him as a friendly, affable man, only two supporters were present for Holland's sentencing on February 12th, 2007. Holland is currently incarcerated in Herlong, CA.
JAMES DALE HOLLAND 62466-097
FCI HERLONG
FEDERAL CORRECTIONAL INSTITUTION
P.O. BOX 800
HERLONG, CA 96113 |
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David Davidson and his partner Cynthia Blake were raided by Tehama County Sheriffs in July 2003, when officers seized the medical marijuana gardens at their homes in Oakland and Red Bluff, CA. The pair was arrested and charged with cultivation and possession for sale, in spite of claims that they were legitimate caregivers under California law. The plant count was soon the subject of contentious dispute -- the number varied between 36 and 1803, depending on which source was asked. This matter was going to be sorted out in court in Tehama County, but the plan to prosecute the pair was diverted from local hands and onto the desks of federal authorities in January 2004. During a hearing in a Tehama County courtroom, Davidson and Blake were told by the Deputy District Attorney that charges against them would be dropped...but the prospect of vindication quickly turned into a nightmare as the two defendants were swept away from their attorneys and into federal custody. By the time they bailed out of jail, the harsh realities of federal prosecution had begun to settle in. Davidson subsequently fled, and Blake stayed to answer to the charges that threatened to land her in prison for decades. After being offered leniency in exchange for information against her partner, Blake agreed to a plea deal that only got her time behind bars whittled down a measly 18 months. Shortly thereafter, Davidson was captured in New Mexico and brought to Sacramento County Jail, where he is being held as he awaits the resolution of his case.
David Davidson X-4001338
Sacramento County Main Jail
651 I Street 4-W-107
Sacramento CA 95814
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Last Updated on Wednesday, 24 February 2010 23:03 |
Completely disabled from a 1997 car accident, Joe Kidwell used marijuana to treat constant pain from his severe back injuries. While living in California, Kidwell got the doctor's recommendation required under state medical marijuana laws and began cultivating a small garden. After a bust and a trial in Los Angeles Superior Court, a jury found Kidwell guilty of cultivating 14 marijuana plants. The verdict came in spite of the presentation of multiple written doctor's recommendations and the fact that two doctors testified on Kidwell's behalf. He was sentenced to a term of probation that allowed him to smoke marijuana in his house but specifically forbade him from engaging in any marijuana advocacy. Done wrong in a state where medical marijuana was supposed to be legal, Kidwell looked for greener pastures elsewhere. He ended up in Kentucky, where his cultivation activities resulted in a federal indictment against him in August 2002. In his ensuing trial, Kidwell claims he was not permitted to represent himself, and that 17 of his 18 witness were denied an opportunity to testify. Kidwell remains imprisoned, with release scheduled in 2011.
Joe Kidwell 08559-033
FMC DEVENS
P.O. BOX 879
AYER, MA 01432 |
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Last Updated on Thursday, 19 February 2009 21:15 |
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a.k.a. "D.C. Greenhouse" of the Merced Patients Group
No one has motivated activist sensibilities of central California like Dustin Costa. A former Marine and union leader, Costa brought a wealth of organizing skills and experience to the advocacy work he did on behalf of the medical marijuana movement. From his base near Merced, California, he led a group of nearly 300 volunteers on actions like citizen lobbying, protesting at important court hearings, and engineering community improvement efforts like graffiti removal. Costa was initially prosecuted on the state level for his cultivation of a collective garden of nearly 900 plants. After nearly 20 court appearances, however, local authorities handed the case over to the U.S. Attorney and the prosecution began all over again on the federal level. Costa went to jury trial in November 2006 and was found guilty on charges of the manufacture of marijuana, possession with the intent to distribute, and possession of a firearm. He has been incarcerated since his federal indictment, and has a release date set for 2018.
Dustin Robert Costa 62406-097
Federal Correctional Institution
1900 Simler Avenue
Big Spring TX 79720
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Last Updated on Sunday, 09 August 2009 01:44 |
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The case of Vernon Rylee shows the cold reality that no one is too sick to be imprisoned by the federal government. A northern California medical marijuana patient and caregiver, Rylee was initially arrested in August 2003 on charges of cultivating over a thousand marijuana plants. After replanting his garden the following year, the bust repeated itself, but this time with federal agents confiscating the plants. In October 2005, the Trinity County District Attorney dismissed the state charges against Rylee and promptly handed the case over to the U.S. Attorney for prosecution. Pending trial in his federal case, Rylee was held at the Sacramento County Jail, where the wheelchair-bound inmate claims he was continually deprived of prescription medications for diabetes, blood pressure and pain from a crippling back injury. His health deteriorated so severely that he ended up being transferred to a medical facility in Texas for intensive care in early 2006, around which time he accepted a plea deal offered by the prosecution. Rylee is scheduled to be incarcerated until 2010. According to his daughter, he is unable to read or write very well, but he appreciates receiving mail and supporters are encouraged to send messages nonetheless.
Vernon Lavell Rylee 16059-097
FEDERAL PRISON CAMP
PO BOX 1000
BUTNER, NC 27509 |
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Last Updated on Thursday, 10 December 2009 19:11 |
After a car accident left him with both a disabling injury and a monetary settlement, destiny seemed clear for Montes. He wanted to start a medical marijuana dispensary in his Central California hometown, so that patients like him wouldn't have to drive hundreds of miles just to get their medication. He followed this dream, partnering with former football buddy Luke Scarmazzo and starting the California Healthcare Collective in Modesto. But after a September 2006 law enforcement raid resulted in severe criminal charges, the two men would become the first medical marijuana dispensary operators to go to trial in federal court. After two days of deliberating, however, their jury returned guilty verdicts for cultivation, possession with the intent to distribute, and continuing criminal enterprise. That last charge, which can carry a life sentence, required both defendants to be jailed upon conviction. This remand tore Montes away from his four-year-old daughter on her birthday, leaving his sobbing mother to collapse in the courtroom hallway and his pregnant wife to give birth to their first baby boy without him. In November 2008, Montes officially received a sentence of twenty years in federal prison.
RICHARD RUIZ MONTES #63130-097
FCI LOMPOC
FEDERAL CORRECTIONAL INSTITUTION
3600 GUARD ROAD
LOMPOC, CA 93436
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Last Updated on Thursday, 02 April 2009 03:28 |
Beyond his local circle, the first impression of Luke Scarmazzo was that of a talented young rapper who brags about "incorporating dope" and conspicuously flips off the U.S. government in his debut music video. The release of the video came just a month before federal agents stormed into the California Healthcare Collective, a medical marijuana dispensary he ran with Ricardo Montes. Even though Luke claims that his music and his work at the CHC were separate, government prosecutors explicitly intertwined them by playing the music video during the federal trial. Defense attorneys protested that move, saying it was highly prejudicial for the jury to watch a video where Luke utters obscenities, portrays drug-dealing scenes and raps about threatened violence. In mid-May of 2008, the jury returned guilty verdicts for the manufacture of over a hundred marijuana plants, and also for various counts of possession with the intent to distribute. But the life-shattering conviction was on another count – running a continuing criminal enterprise – which carries a mandatory minimum sentence of twenty years and the possibility of life behind bars. Due to the severity of the penalties, Luke was immediately booked into Fresno County Jail to await his fate. During a hearing in November 2008, Luke was sentenced to 21 years and ten months in federal prison.
LUKE SCARMAZZO #63131-097
USP LOMPOC
U.S. PENITENTIARY
3901 KLEIN BLVD
LOMPOC, CA 93436 |
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Last Updated on Thursday, 02 April 2009 03:20 |
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John Sullivan was indicted in July 2006, when the Drug Enforcement Administration executed massive simultaneous raids on San Diego’s medical marijuana dispensaries. The action shut down most of the dispensaries in the region, including Sullivan’s “Purple Bud Room” and “Tender Holistics Care.” During the investigation of these facilities, which began in September 2005, an undercover officer claimed that he was able to purchase marijuana for his dog. Sullivan’s indictment contained counts for cultivation, as well as for conspiracy to cultivate and conspiracy to distribute marijuana. While also facing state charges stemming from the raids, Sullivan pled guilty in federal court to growing three hundred marijuana plants. In August 2007, he was sentenced to five years in federal prison and five years of probation. Sullivan served some of his time in Oregon, before being transferred to a federal prison in Florida.
JOHN SULLIVAN 95343-198
Federal Correctional Institution
P.O. BOX 7007
Marianna FL 32447 |
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Last Updated on Thursday, 03 September 2009 01:08 |
In January 2004, Richard Marino opened a medical marijuana dispensary in a town near Sacramento, California. “Capitol Compassionate Care,” which was located in a storefront in historic Roseville, provided an alternative for local medical marijuana patients who didn’t want to travel to San Francisco Bay Area dispensaries. Federal agents were aware of “Capitol Compassionate Care” almost immediately, due in part to Marino’s press release advertising the dispensary’s opening. In September 2004, the Drug Enforcement Administration raided the dispensary and a 250-plant grow at Marino’s home. A 19-count federal indictment followed in January 2006, but a plea deal eventually whittled the charges down to just two: conspiracy to distribute marijuana and money laundering. In spite of substantial cooperation with the U.S. Attorney, Marino was sentenced to 51 months in prison on July 22nd, 2008. In addition, forfeiture proceedings claimed Marino’s five-acre home and approximately $100,000 in cash seized during the raid. He was also left with a bill from the government for the $2.7 million that the dispensary allegedly generated during its eight months of operation. Marino is currently in federal prison in Oregon, and his release date is listed as March 30th, 2012.
RICHARD JAMES MARINO 16206-097
FCI SHERIDAN
FEDERAL CORRECTIONAL INSTITUTION
P.O. BOX 5000
SHERIDAN, OR 97378 |
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Last Updated on Friday, 20 February 2009 01:37 |
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Larry Kristich was the president of the “Compassionate Caregivers” chain of medical marijuana dispensaries that operated an extensive number of locations across California. During its peak, the chain had outlets in West Hollywood, San Diego, Ukiah, Bakersfield, Oakland, San Francisco, and Alameda County. Federal investigators stated that “Compassionate Caregivers” employed two hundred people, grossed a total of $95 million and distributed over 15,000 pounds of marijuana during the course of its three years of operation. The West Hollywood location, called the “Yellow House,” was raided by the Los Angeles Police Department in 2005, leading to the seizure of the chain’s bank account and the closure of its facilities. Federal charges for Kristich and a handful of associates followed two years later. Kristich was in Costa Rica when he was indicted in July 2007, but he returned shortly afterward to surrender to federal authorities. In early 2008, he accepted a deal with prosecutors to plead guilty to a count of maintaining a drug-involved premises and a count of promotional money laundering. In early February 2009, Kristich was sentenced to 5 years in prison and given a $500,000 fine.
LARRY ROGER KRISTICH #33309-112
TAFT CORRECTIONAL INSTITUTION
P.O. BOX 7001
TAFT, CA 93268 |
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Last Updated on Saturday, 16 January 2010 01:48 |
Based in the San Francisco Bay Area, Kenneth Affolter’s company “Beyond Bomb” supplied California’s medical marijuana dispensaries with a wide array of medicinal edibles. The marijuana-infused products, which included everything from sodas to candy bars, were labeled as parodies of mainstream snacks with names like “Rasta Reece's” and “Toka-Cola.” Trouble began in February 2006, when Oakland police officers responded to a burglar alarm at one of Affolter’s warehouses. An investigation by federal drug agents quickly followed, culminating in a raid on three locations a month later. In addition to the edible products, agents reported seizing approximately $100,000 in cash and nearly 12,000 rooted marijuana plants, as well as 17,736 unrooted marijuana clones. Eleven of Affolter’s employees were also charged in the federal case that resulted. They all accepted plea deals and received sentences that ranged from probation to 18 months in prison. Affolter pled guilty to a charge of conspiring to manufacture and distribute marijuana, and in March 2007 received a sentence of 70 months in prison and a $250,000 fine. He is currently incarcerated at Terminal Island, and the Bureau of Prisons has set his release date for April 17th, 2011.
KENNETH DEAN AFFOLTER 93480-111
FCI TERMINAL ISLAND
FEDERAL CORRECTIONAL INSTITUTION
PO BOX 3007
SAN PEDRO, CA 90731 |
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Last Updated on Thursday, 19 February 2009 09:20 |
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Support the victims of the government's war on medical cannabis! Learn about American Prisoners of the War on medical cannabis and send them a letter with your words of encouragement. |
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Last Updated on Thursday, 19 February 2009 09:16 |
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Cannabis Yields And Dosage
Cannabis Yields And Dosage is the authoritative study of the science and legalities of calculating medical marijuana. By Chris Conrad
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