cannabisnews.com: First Federal Medical Marijuana Conviction First Federal Medical Marijuana Conviction Posted by CN Staff on July 12, 2002 at 19:29:52 PT Press Release Source: U.S. Newswire In a first-ever federal trial of a medical marijuana provider, the jury in a Sacramento court convicted Chico resident Bryan Epis yesterday on criminal conspiracy and drug manufacturing charges. Even as some of America's closest allies have moved to decriminalize recreational use of the drug and despite a six-year-old state law that allows access to medical marijuana for seriously ill patients acting on their doctor's advice, federal laws mandate that Epis spend at least 10 years behind bars. Jurors for the trial were instructed by Judge Frank C. Damrell Jr. not to consider any argument regarding Epis' chronic pain, his doctor's prescription for medical marijuana or the state law that allows access to medical marijuana for patients in his position. Jurors were also not instructed on the mandatory minimum sentence that he now faces as a result of their decision. "This trial is an emblem of injustice," said Steph Sherer, executive director of Americans for Safe Access, a national network of medical marijuana patients and providers, "California doesn't want Bryan Epis to spend his next ten years behind bars -- we decided that six years ago." The turbulent trial highlights a severe division between state and federal law enforcement officials over how to handle medical marijuana. Over the vehement objections of local health and public safety officials, the Drug Enforcement Administration has dramatically stepped up their crackdown on medical marijuana in California, arresting more than a dozen patients and providers since September. Citing federal forfeiture laws designed to break up criminal racketeering operations; the DEA has also moved to seize hundreds of thousands of dollars in property associated with the dispensaries including commercial real estate and residential homes. Epis' conviction confirms fears among many patients here that the federal government is targeting medical marijuana providers and patients rather than black market dealers. "When compassionate providers are jailed because they work to improve the lives of desperately sick people, we have a real crisis in our democracy" says Sherer, "this decision illustrates just how out of touch federal drug policy has become with the American public," she continued. The federal policy has drawn increased attention from the courts in recent weeks and has galvanized opponents across the country. Last month, a federal district court ruling reaffirming that the federal Controlled Substances Act allows the Justice Department to shut down medical marijuana dispensaries sparked protests in over 50 cities across the country that shut down several DEA offices for the day. On Monday, hundreds of medical marijuana supporters will ask California Attorney General Bill Lockyer to work to defend California patients from federal incarceration at a rally and march beginning at the AG's office and proceeding to the office of Gov. Gray Davis. Complete Title: First Federal Medical Marijuana Conviction: Medical Provider Faces 10-Year Mandatory Minimum Sentence Contact: Brant Olson or Adam Eidinger, 202-986-6186 For rally details, contact Americans for Safe Access at 510-486-8083. Source: U.S. NewswirePublished: July 12, 2002Copyright: 2002 U.S. Newswire Website: http://www.usnewswire.com/Contact: http://www.usnewswire.com/contactusn.htmlRelated Articles & Web Site:Americans for Safe Accesshttp://safeaccessnow.org Conviction in Federal Pot Trialhttp://cannabisnews.com/news/thread13389.shtmlMarijuana Grower Convicted in Jury Verdicthttp://cannabisnews.com/news/thread13383.shtml Home Comment Email Register Recent Comments Help Comment #13 posted by Lehder on July 16, 2002 at 18:31:46 PT kangaroo courts If I were a jury member, I would have voted not guilty anyway....This entire kangaroo court proceeding is outrageous and should be the topic of every news channel "debate" show in the country. Very apt comments, Dan B. Corruption and "the fix" have become the norm for trials in the US. As a juror I could in good conscience agree to the judge's instruction to forego nullification and make a determination only of fact and not law - and I could still, in fact would be forced, to vote Not Guilty in almost any trial no matter how strong the incriminating evidence presented. How? Because I know that in all probability the witnesses for the prosecution are lying. That's the norm.Example: James Trafficant is in court and in the news again. He's demonstrating that the witnesses against him in his recent conviction were just plain lying. He's got people on the stand who were previously barred from testifying. In the first trial, for example, there was testimony that he had his driveway paved illegally at government expense. But his financial manager today told a different story: that a neighbor had had a very long driveway paved - and paid for it - and when a tiny amount of blacktop was left over at the end of the job, blacktop that would be no good the next day and would have to be thrown away, there was enough to spread over only the entrance to Traficant's drive. This happens all the time, even here where I live. Left over blacktop is given away. Dirt from the ditches when they're scraped out each spring - is given away. Tree branches that the electric company cuts to keep clear of their wires - are given away. Today's witness said outright of the previous witnesses, "They lied." I know, Traficant is a drug warrior. Still, he's getting shafted. The government has it in for him worse than if he'd been smoking marijuana in the Capitol. I'd like to see him beat the corrupt government witnesses and even get them jailed for perjury. Right on, Dan B. [ Post Comment ] Comment #12 posted by Dan B on July 16, 2002 at 16:48:58 PT Well, actually, no First Federal Medical Marijuana Conviction Actually, according to the federal government, there is no such thing as medical marijuana; therefore, they cannot claim to have made a medical marijuana conviction. You can't have it both ways.Yes, we know that they convicted someone who was growing and using cannabis for medical reasons, but that issue was not aired in court. This poor guy was not convicted on charges of using marijuana for medical purposes because the jury was never allowed to hear that defense. No, this was a case of a jury unwittingly sending a medical marijuana patient to prison because the entire jury was wittingly misled by the judge, who is a representative of the federal government. This case is tragic, no question. The verdict would be overturned if there were any such thing as justice in this country. If I were a jury member, I would have voted not guilty anyway. But if I thought that cannabis is okay, but only for medical purposes, and I were a jury member, I would feel absolutely sick at the knowledge that I unwittingly participated in sending a medical patient to prison for using the medicine that works for him. This entire kangaroo court proceeding is outrageous and should be the topic of every news channel "debate" show in the country. But the media remain silent. The choir gets the message, but the masses remain ignorant.It's disgusting.Dan B [ Post Comment ] Comment #10 posted by tarn029 on July 16, 2002 at 15:22:38 PT: governmental corruption the northamerican laws on pot are rediculous when u cosider that the majority of us smoke even if we are in the closet such as the best president the states has had in a long time its time to follow the money and deal with the scum who are getting rich off these laws i mean look at ont. can. hemp was by far its biggest export until cultivation became illegal and the hemp fields were turned into tobacco fields and something more easily taxed at a higher profit like CIGGARETTS that are also more addictive than heroin it makes you think [ Post Comment ] Comment #9 posted by Zero_G on July 15, 2002 at 07:28:04 PT E_J Thanks for your nice promise not to kill any of us medical users.Well, rather than reply in anger, I took a little while with this one.It baffles me that I should bare the brunt of your anger, as if I had done anything whatsoever to deny your right to medication of your neeed/choice.In fact, I have been on the street defending that right.If you cannot bear the discussion of a tactical matter, that it is a better argument, in my opinion, to argue the insanity of the War on Some Drugs against all people, rather that carving out a medical exception for a limited few, so be it.I'll note that my comment came after quite a legal set-back in the medical argument front. [ Post Comment ] Comment #8 posted by Joseph M Rogers on July 13, 2002 at 18:47:14 PT: P.S. I Stone You And some people breathe air to stay alive. WHAT'S YOUR EXCUSE LITTLE BOY? I'll bet you're just trying to get oxygenated!Busted, Father Stoney O'Reefer, Irish Catholick Priest with valid medical marijuana recommendation for spinal trauma, wasting sindrome, migraines, etc. [ Post Comment ] Comment #7 posted by Joseph M Rogers on July 13, 2002 at 18:29:09 PT: Revelation 22:2 And where's the New Matriots of the Purple Kush Sage? One toke over the line from medicinal to recreational, I Hellucidnated that Industrial Hemp was good medicine for the Earth, is seemed like good wizdumb, was it God's medicine or the Devil weed, only my Catholick Priestess knew for sure? Well, its off to SuckMart to satiate my shopping and petrochemical addictions. All we need is...Love,Officer Stoney O'Reefer, (long suspended from active duty, too much CIA cocaine compliments some Bushes) [ Post Comment ] Comment #6 posted by E_Johnson on July 13, 2002 at 14:37:16 PT Thanks again I'm still flabbergasted that you promised not to kill me. The love and compassion in this movement is just astounding. [ Post Comment ] Comment #5 posted by E_Johnson on July 13, 2002 at 14:35:28 PT You're forgetting one tiny thing ZeroG While I would never seek to deny medical cannabis to anyone, I have long felt that the medical vs recreational use issue was an artificial devide amongst us.It's not an artificial divide. It is a divide created by the fact i.e. by the reality that some people will die without marijuana.People on HIV meds for example.That's not an artificial divide. Thanks for your nice promise not to kill any of us medical users.I would never deny medical cannabis to anyone...Excuse me but you seem to forget that MEDICAL MARIJUANA IS NOT SOME HOAX INVENTED SO THAT RECREATIONAL USERS DON'T HAVE TO TAKE RESPONSIBILITY FOR THEIR CHOICES. [ Post Comment ] Comment #4 posted by Joseph M Rogers on July 13, 2002 at 08:59:24 PT: The Feds are God We the Sheeple, got exactly the demonic government we deserve, empowered by U.S. sucking the cowhoreporate phallus for fun (recreational) and profit (medicinal). Therefore we must ask, who is breaking the Law? EVERYBODY! The Baptism of Fire (Global Warming, Wildfires, Jihad, Nuclear Nirvana) is upon us and the Great God of Zion is gonna fry each and everyone of our miserable little souls and bodies, for while God is Love and Love is unconditional, It is not inconsequential. VIVA JAH REVOLUTION!Officer Stoney O'Reefer, killer cop [ Post Comment ] Comment #3 posted by bongathon on July 13, 2002 at 08:51:19 PT MMJ Medical marijuana reforms have basically opened the door to change. Recreational use is next. The Feds are stubborn but the ball is rolling and the harsher they are, the more public opinion will turn.Great article in Esquire magazine Feb02-Secret Suburban Pot Smokers [ Post Comment ] Comment #2 posted by bongathon on July 13, 2002 at 08:22:42 PT true, but even though i agree that legally there should be no distinction between medical and recreational use, after all it is merely a plant, but it has brought out so many positive aspects to the general public and caused people to stop giggling every time they hear the word "Marijuana" that it has advanced the cause immeasurably. [ Post Comment ] Comment #1 posted by Zero_G on July 13, 2002 at 03:22:52 PT next moves While I would never seek to deny medical cannabis to anyone, I have long felt that the medical vs recreational use issue was an artificial devide amongst us.And I have felt that we spent to much capital on the medical end of the the argument, rather than just saying that caging humans for growing and consuming agricultural products is just insane.The world is acknowledging this point of view, why must we be so far behind?Looking for thoughts, I'm pretty down right about now... though I predicted this outcome, I'm not happy about it... [ Post Comment ] Post Comment