cannabisnews.com: 10-Year Sentence in Medical Pot Case 10-Year Sentence in Medical Pot Case Posted by CN Staff on October 08, 2002 at 10:32:10 PT By Denny Walsh -- Bee Staff Writer Source: Sacramento Bee Bryan James Epis, the first person associated with a California medical marijuana dispensary to be tried in federal court for growing pot, was sentenced Monday in Sacramento to a mandatory 10 years in prison.Epis, 35, insists the crop in his Chico house was only for himself and four other seriously ill people whose physicians had recommended the drug in conformance with California's 1996 Compassionate Use Act. But he ran head-on into federal law that makes no allowance for medical necessity. The case has become a rallying point for medical marijuana proponents nationwide, who view it as the ultimate injustice to come from the chasm separating state and federal law.More particularly, these advocates contend, Epis is a victim of Sacramento federal prosecutors willing to pursue such a case, in contrast to their counterparts in other districts.Epis himself told U.S. District Judge Frank C. Damrell Jr. that he made a mistake in not growing the marijuana in the San Francisco-based Northern District of California, "where I would not have been charged."Meanwhile, a handful of Epis supporters gathered outside the courthouse, waving signs in the midday heat.Americans for Safe Access spokeswoman Amanda Whittemore said the number was small because of confrontations between demonstrators and government officials during Epis' trial and their fallout."I know there were people who hadn't been messed with for 10 or 20 years until they came out here and protested during the trial," Whittemore said. "They have been harassed ever since. But it's never going to change if we all stay at home."Some supporters held up placards comparing the government's treatment of medical marijuana users to its treatment of terrorists. Others wore leis of plastic pot leafs.Inside, Damrell noted that it is not within his power to resolve the conflict between the federal zero-tolerance policy and laws in nine states allowing medical use. It is up to the Congress or the U.S. Supreme Court to deal with the disparity, he said.Damrell listened attentively for 2 1/2 hours to arguments by defense lawyer J. Tony Serra and Assistant U.S. Attorney Samuel Wong, peppering them both with tough questions.Serra, a famous San Francisco attorney known for his passionate prose and expressive body language, didn't disappoint. Ultimately, however, he failed to persuade Damrell to sentence Epis below the minimum 10 years.Wong specializes in marijuana prosecutions. His cool demeanor is the antithesis of Serra's. At Wong's urging, the judge found that Epis was "a manager or supervisor" of a criminal enterprise. However, Damrell rejected the prosecutor's position that Epis lied to the jury and is guilty of obstructing justice.Bee staff writer Ralph Montaño contributed to this report.Snipped: Complete Article: http://www.sacbee.com/content/news/medical/story/4710110p-5727831c.htmlNewshawk: BGreenSource: Sacramento Bee (CA)Author: Denny Walsh -- Bee Staff WriterPublished: Tuesday, October 8, 2002Copyright: 2002 The Sacramento BeeContact: opinion sacbee.comWebsite: http://www.sacbee.com/Related Articles & Web Sites:Americans For Safe Accesshttp://www.safeaccessnow.org/Medical Marijuana Protest Pictureshttp://freedomtoexhale.com/protestpics.htmMarijuana Protest Leads to Arrests at White Househttp://cannabisnews.com/news/thread14216.shtmlConviction in Federal Pot Trialhttp://cannabisnews.com/news/thread13389.shtml Home Comment Email Register Recent Comments Help Comment #6 posted by Jeaneous on October 08, 2002 at 20:01:28 PT: LTE To Sac Bee...An act of terror was committed today due to our Federal Government. Mr. Epis was sentenced to ten years in prison for growing his medication and growing medicine for other medicinal patients. He was not "dealing Marijuana", he was compassionately supplying other medicinal patients.The Federal government has no business coming into our State and telling us that our votes are overruled by their opinions. Bush keeps yapping about States Rights. All talk and no action. Another lying politician. Nothing new. Proposition 215 has been law since 1996 and yet here a family man going by the law of his state, going to jail for ten years. Ten years for growing plants. Murderers get less time than this man did.Where is the justice part of "Freedom and Justice" for all" of our pledge of allegiance? It was taken from Mr. Epis today. [ Post Comment ] Comment #5 posted by DdC on October 08, 2002 at 15:28:43 PT Sacramento Federal Persecutors... Assistant U.S. Athorney Samuel's Wong...Remember their names,when this is all out in the open, and the money has been followed to who profits on cannabis prohibition. Maybe we won't let the next generation suffer by simply not forgetting these fascist names and ways...Chico is a prison and prison industry town and many of the residents earn a living by caging Americans. But still its California and one might think they would get over persecuting certain segments of Americans by now.All Bushit D.E.A.th Mongers and their lies, threats and extortion, are hanging on by their fingernails. People in Chico and all WoD Junkies don't deserve our business. As the dock workers shutdown the coast and come to realize the very fascist hurting them are hurting the farmers, farm workers and health of everyone. That cannabis is the safest alternative to the chemical poisons forced by law onto Americans. The frail, pregnant and kids hit the hardest. We shall overcome.While Federal Persecutors dismiss the rights of the States and the citizens who can afford the day off to sit on a jury follow blindly herded down the path of good intentions. Mostly government and large corporate employees are the only workers getting "jury duty"bennies. Most Americans have to take off work and as incentives go, tend to get out of serving. Filling the juries with those most apt to be job scared yesmen. If the judge grants them the opportunity to see all of the evidence, which is rare. So many ways its stacked against a fair trial. Plea bargain fines and treatment vs mandatory minimum sentencing. Not a wonder 95% take a plea bargain and "treatment" asylums. Rising statistics for D.E.A.th salesmen to barter with. Many past drug czars all make profits on. Corporate "treatment" or corporate "prisons" Corporate suppliers of these modern sterile dungeons. For a non violent non victim crime. Prince W makes King George III of England look like Mary Poppins. Its a rigged table. It has been since the 30's fascism. A catch 22 that in no way resembles Democracy. In 37 you needed a sample to get a tax stamp and without a tax stamp you couldn't grow. Showing a sample without a stamp meant you grew it illegally and was busted. Incentives kept people from risking forfeiture same as today. Incentives allowing the lies to seem plausible. Non psychoactive hemp can't get you high yet comprises 99% of the marijuana suppression program. Not to keep pot from people, to raise numbers to impress arguments that WoD is working and that "marijuana" growth is rising. Bogus theories and using the same ditchweed in medicinal test to get poor results to publish and maintain this dysfunction cancer prohibition. The D.E.A.th has more power than the courts. The International treaty even keeps 110 countries in line in case they find sense and try legalizing cannabis competition. They covered the bases. D.E.A.th ordered the Institute of Medicine report, then Shalala sat on it for Klintoon. Now Thompson hasn't released it or the hundreds of other reports finding cannabis to be less than a schedule #1 danger. Test hidden and destroyed by government orders.Then rediscovered in Israel or Spain and still no US media thinks its newsworthy. By definition it can't be a schedule#1 without degrading the standards of science. If it is medicinal and not addictive it can't be a schedule#1. If it stores in fat cells it can't be toxic. If its an hallucinogen it can't be a narcotic. Just because of profits one can't arbitrarily change the number of inches in a foot. Or ounces in a pound. Or the benefits or danger of cannabis.Yet that is what we have allowed corporate sponsored politician/cops to do with cannabis. We have numerous references to its medicinal ability and the drug czar will face the camera's and lie that there is no known use. While rolling joints for 7 patients he lies. Hazards scarring people that kids just laugh at, that don't exist and someone should find a victim if it is true. And then explain the millions of users who aren't suffering from using. But until the I.O.M. is released, if its released. As with the Schafer report being trashed by Nixon starting the modern WoD. Until someone stops paying the ransom and feeding this beast. Looks at the report or any of the true science reports. Congress Bushits D.E.A.th minions and the appointed Supremes can keep the sham alive. By choosing not to find any evidence, therefore Brian must be caged. Until we the sheople just say NO MORE!We can send messages too...Boycott and strike in solidarity! All factions of cannabis and all victims of the chemical alternatives unite! Environmentalist and Labor and Libertarians and true American Conservatives and Liberals. not the Internationalist dictating away our Freedoms. These are American families being tortured by non American forces of corporate heads in the Legislature. Keeping information suppressed so idiot Fed shysters can cage another sick person to send a message to the kids. We care enough to do this to you, so behave or die. Peace, Love and Liberty or The Ugly D.E.A.th Persecutors! DdCD.E.A.th Deceptions http://www.angelfire.com/ca7/ddc/DEAth.htmlU.S.Al Qaeda! http://www.cannabinoid.com/boards/politics/media/39/39670.gif [ Post Comment ] Comment #3 posted by malleus on October 08, 2002 at 12:33:50 PT That's what the prohibs want us to so Go to Canada. That way they can make their drug free utopia free from any 'interference'. Like demands that they adhere to the constitution.Of course, they don't think about all the millions of people who smoke, and work, and pay taxes. Some of these people are no doubt in very important jobs. What happens when they finally say they have had enough? What happens if they leave? Can the economy stand their loss? The prohibs aren't thinking about that. They ought to. They really, really ought to. Chase your creative people out of your country, and all you're left with are the ones that can't do anything but push buttons.And make stupid laws. And beat up on sick and dying people. [ Post Comment ] Comment #2 posted by WolfgangWylde on October 08, 2002 at 11:49:15 PT If this guy's smart... ...and he gets the chance, he should head for Canada. [ Post Comment ] Comment #1 posted by druid on October 08, 2002 at 11:30:45 PT: the rest of the article ... "He gave his interpretation of events," the judge recalled. "The jury didn't believe him, but that doesn't mean he obstructed justice.""He's a crook," were Wong's final words before Damrell imposed sentence.Serra retorted, "(Wong) has to justify this for his own conscience, so he's just being a cynic and saying it was a money operation, and it never was." If Epis qualifies for the maximum amount of good time -- 54 days a year -- he will serve approximately 85 percent of the sentence.Epis has electrical engineering and law degrees and no prior criminal record. He has said he started using marijuana to manage chronic pain from a car accident. The jury found him guilty of conspiring to grow at least 1,000 marijuana plants in his Chico home, and actually growing at least 100 plants in 1997.Proposition 215, California's medical marijuana initiative, was approved by voters the previous year.In testimony at trial, and again Monday before Damrell, Epis insisted that there was no conspiracy; that he and four other people with doctor's recommendations were growing the pot for their individual use. Whatever was left over was given to a Chico cannabis club Epis helped establish for distribution to its patients, he said.Wong's theory that he was driven by an image of huge profits "is so outlandish," he said Monday.Serra told the judge the jury showed "not a wit of compassion for a good human being who was alleviating his own chronic pain and trying to help others." The attorney also said the judge "didn't give us a defense" when he instructed the jury not to consider medical necessity evidence.Damrell pointed out that he was simply following the dictates of federal law."He is no different than any other drug trafficker that this court has seen and sent to jail," Wong said of Epis."His attempt to play up the role of ill people in his crimes is just sickening." The prosecutor argued that Epis' "lame story about planning to make only $10 an hour" from the work he did for the dispensary is belied by profit projections on documents he created and which were found in a search of his home."What he saw in Proposition 215 was a license to grow and market marijuana to make money," Wong told Damrell. "Every time he wrote down something about marijuana, he wrote dollar signs next to it."But Serra predicted, "History will ultimately vindicate Bryan Epis. He's a martyr to the war between the feds and medicine for the sick and dying." --------------------------------------------------------------------------------About the Writer ---------------------------The Bee's Denny Walsh can be reached at (916) 321-1189 or dwalsh sacbee.com. Bee staff writer Ralph Montaño contributed to this report. [ Post Comment ] Post Comment