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| 3 Nabbed in Pot Bust Post Bail |
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Posted by FoM on February 14, 2002 at 17:24:19 PT By Josh Richman and Jeff Chorney, Staff Writers Source: Oakland Tribune 
Investigators believe three men affiliated with a San Francisco medical marijuana club used state law as a smoke screen and actually sold the drug for profit to almost anyone, according to court papers. The trio, along with another man, were arrested in a series of raids throughout the Bay Area on Tuesday. Agents seized 8,135 marijuana plants, $58,500 in cash and two guns, a Drug Enforcement Administration spokesman said. The arrested include two Oakland men, marijuana writer and activist Ed Rosenthal, 56, and James Halloran, 61. On Wednesday, they were freed on $500,000 bail each, while Kenneth Hayes, 34, of Petaluma was freed by a Vancouver, British Columbia, judge without posting any bail. Richard Watts, 47, of San Francisco remains in federal custody at least until a bail hearing Friday. Hayes is the accused ringleader. His lawyer, John Conroy, said the government's drug-dealing claims are "obviously" blown out of proportion. Conroy said the drugs were for medical use and not part of an illegal smuggling operation. Hayes and Watts are accused of helping run the Harm Reduction Center medical marijuana club in San Francisco. Rosenthal is accused of growing pot in Oakland for the club. Halloran's lawyer, Dennis Roberts, said his client also is accused of being a grower. The DEA's case is based partly on testimony from confidential informants and undercover agents, affidavits show. More information came from a January letter to the DEA from someone claiming to be a member of a church which dispenses medical marijuana, who said he was angry at "greedy, professional drug dealers who hide behind the shield of Proposition 215." Informants and agents say Hayes, Watts and other Harm staffers sold them prepared marijuana and immature plants without any significant controls, documents say. The DEA tracked more than $900,000 passing through Hayes' and the center's bank accounts from June 2000 through last October. Some drugs also were smuggled in from Canada, the papers say. Rosenthal's attorney, William Panzer, noted Wednesday that state law allows caregivers to be reimbursed for costs of acquiring, producing and dispensing medical marijuana without running afoul of drug sale laws. He said he expects the complaint filed Tuesday will be replaced by a federal grand jury indictment more clearly outlining the government's case. If not, he said, then he'll move to sever Rosenthal's case from the others': "There's no basis for trying them together." The men were arrested when DEA agents raided Rosenthal's home office and other Oakland sites, the Harm center and Hayes' Petaluma home. Although the DEA denies a link, medical marijuana advocates believe it's no coincidence the raids occurred while DEA chief Asa Hutchinson was in town to speak about the war on drugs. After the raids, protesters showed up at Hutchinson's speech to tell the feds to stay out of California's business. State law says medical use of marijuana is legal; federal law says it isn't. The raids also spooked other cannabis clubs. Cheryl Adams, who operates the Hayward Patient Group in downtown Hayward, said she kept her doors closed Tuesday in fear of agents. "We're not in it for the money," Adams said. "Whatever money I do make, I put right back into the club." So far, federal prosecutors have not moved to have Hayes extradited from Canada. If they do, attorney Conroy said, then Hayes will resist, and the resulting legal battle could last several years. Conroy said there wasn't an illegal smuggling operation. He said Hayes probably sought Canadian marijuana because the "B.C. bud" is cheaper and of better quality. To fight extradition, Hayes could request refugee status. And the ongoing medical marijuana debate between federal and state authorities will only help his case should he argue that he would face political persecution if sent back to the United States, Conroy said. Hayes also faces a marijuana production charge in Canada, Conroy said. Hayes' marijuana cultivation has been no secret. He and others were arrested in 1999 after Sonoma County sheriff's deputies found almost 900 plants at Hayes' Petaluma home. They said the plants were for a different San Francisco medical marijuana club, and were acquitted after a trial that included San Francisco District Attorney Terence Hallinan testifying on their behalf. Tuesday's raids have Hallinan fuming, but Alameda County District Attorney Thomas Orloff said Wednesday that"it's really hard to figure out what ought to happen in these situations -- it's clear it's still a violation of federal law. The state has acknowledged the right (to use marijuana medically) but the law is so screwed up, it doesn't answer the second question (of supply), which it ought to." Note: Court papers say medical tag was smoke screen. DEA Raids Medical Marijuana Club San Francisco Resists Medical Marijuana Raids Petaluman Faces Pot Charges After 2-Nation Bust Home Comment Email Register Recent Comments Help |
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| Comment #4 posted by Zero_G on February 15, 2002 at 06:59:18 PT |
| eco-man, You are correct when you point out that European political, economic and of course, drug policy debates are, in general, much wider in scope than that in the US. The domestic Liberal-Conservative spectrum of mainstream thought is nothing in comparision to a landmass where the discussion ranges from self-described Communists to admitted Fascists. And yes, due to proportional representation, many more voices get heard in the halls of decision. Never forget that European history is full of violent confrontation, with the past century being one of the most horrific. Most Europeans take very seriously the need for diplomacy over violence, if possible, and going through the legalities of international convention if not, i.e. the UN Security Council. The European nations also take much more seriously the provisions of the U.N. Declaration of Human Rights. This includes but is not limited to the following: Article 23. (1) Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment. (2) Everyone, without any discrimination, has the right to equal pay for equal work. (3) Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection. (4) Everyone has the right to form and to join trade unions for the protection of his interests. Article 24. Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay. Article 25. (1) Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control. (2) Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection. Obviously, the US is in direct contridiction of this declaration. Remember that next time you here one of our politicians spouting off about human rights. Full UN Declaration of Human Rights: http://www.un.org/Overview/rights.html ************************************************************ As I've said previously, I'm not really in favor of the Medical vs. Recreational distinction. (Has anyone got a prescription yet from a psychiatrist, claiming mental health benefits?) It always reminded me of the old divide and conquer strategy, and now we see evidence that some providers were snitched on by another for allegedly not being sufficently medical in there practice. If Father Nazarene is a caregiver himself, presumably he recognizes the medical benefits to his patients, and his allegation does not deny that his targets were helping patients, only that they were also supplying non-medical users. This leads to specific questions for the "Good Father". 1) Is it his opinion that he has done more good than harm by denying both medical and non-medical users access to this medicine, by virtue of his direct action? 2) How do the patients left in his care feel about his actions? 3) Is he willing to continue to destribute to his patients, with Assa proclaiming "We must uphold the law"? 4) Being in violation of Federal Law, will he turn himself in the Federal authorities? Question for Assa: Will you prosecute Father Nazarene, if you "must uphold the law"? ************************************************************ Die Gedanken Sind Frei - Our Thoughts Are Free German Folk Song - This English translation by Arthur Kevess and Gerda Lerner Die Gedanken sind frei My thoughts freely flower, Die Gedanken sind frei My thoughts give me power. No scholar can map them, No hunter can trap them, No man can deny: Die Gedanken sind frei! I think as I please And this gives me pleasure, My conscience decrees, This right I must treasure; My thoughts will not cater To duke or dictator, No man can deny-- Die Gedanken sind frei! And if tyrants take me And throw me in prison My thoughts will burst free, Like blossoms in season. Foundations will crumble, The structure will tumble, And free men will cry: Die Gedanken sind frei! Neither trouble or pain Will ever touch me again. No good comes of fretting, My hope's in forgetting. Within myself still I can think as I will, But I laugh, do not cry: Die Gedanken sind frei! [ Post Comment ] |
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Comment #3 posted by lookinside on February 15, 2002 at 04:38:08 PT:
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| This shocked me. http://www.drcnet.org/wol/224.html#genesis I'd like to hear what this "Father" intended. [ Post Comment ] |
| Comment #2 posted by eco-man on February 15, 2002 at 02:00:22 PT |
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Well, here is my 2 cents. Here follows some web pages with compilations of some drug reform and other news sources. http://corporatism.tripod.com/fairuse.htm --News sources.
http://corporatism.tripod.com/forums.htm --Forums.
http://corporatism.tripod.com/lists.htm --Lists and newsgroups. I've often wondered why Europe seems to be so far ahead of the USA in humane drug reform. After compiling link lists of news sources for drug war and drug reform info; and after compiling link lists of forums, email lists, and newsgroups that are favorable to drug reform; I think I know a few reasons why. One big reason, in my opinion, is that there are more truly nonprofit and independent media in Europe compared to the USA. In the USA, I can only think offhand of National Public Radio, but they now have lots of advertising from corporate underwriters. Their coverage of issues does not seem nearly as good, or as independent, as the European nonprofits like the BBC, Guardian, Observer, etc.. I consider forums, email lists, and newsgroups to be basically nonprofit because the posters are not paid. The bandwidth and web hosting of forums, email lists, and newsgroups may be paid for by advertising banners, but posters are fairly free to post their honest opinions, and without spin. This is in great contrast to the writings and scripts of authors for the corporate media. Also, I find the European forums and newsgroups to be far more informed than those in the USA. Especially concerning drug reform. And politics and economics in general. That makes sense if what I am saying about the quality of the news from the European nonprofits is true. Also, there seems to be more political, economic, and drug reform viewpoints in Europe media. Since all, or nearly all, of Europe has proportional representation and many political parties with seats in legislatures, this makes sense. [ Post Comment ] |
| Comment #1 posted by p4me on February 14, 2002 at 22:32:22 PT |
| The state has acknowledged the right (to use marijuana medically) but the law is so screwed up, it doesn't answer the second question (of supply), which it ought to." When the lawmakers screw things up, everyone else suffers. Everyone knows it is screwed up and it is kept out of the media and stays screwed up. I would email Oprah, but the last time I looked there was no way to submit a topic for a show. I remember before I found Cannabisnews last summer, I had no idea that marijuana was recognized anywhere in medicine. All I ever heard was that it helped with glaucoma. So maybe the news eventually filters down. Like someone said today, with the internet we are part of the media. One of my other hangouts is a television station's forum. I go by p4me there also, not that it is any different than what I say here. Anyway, Channel 9's message board in Charlotte had a nice piece written by the comedian George Carlin and it seemed very poetic and pertinent about living in America today. For what it is worth- [ Post Comment ] |
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