cannabisnews.com: American Faces 10 Years in Jail for Tending Plants





American Faces 10 Years in Jail for Tending Plants
Posted by FoM on October 07, 2000 at 09:04:13 PT
By Dan Gardner, The Ottawa Citizen
Source: Ottawa Citizen
With her peasant skirts, willowy looks and gentle voice, Renee Boje appears to be just the sort of British Columbia flower child one would expect to meet in Robert's Creek, a short ferry ride up the coast from Vancouver. But not everyone agrees. American drug enforcement officials insist Ms. Boje, 30, is a serious criminal on the run from justice, a woman guilty of such a horrible crime that she must be punished as harshly as rapists and murderers. What is her crime? She is charged in the United States with growing and conspiring to sell marijuana. If she is found guilty, the mandatory minimum sentence she will receive is 10 years in prison. 
Flower child or felon? Federal Justice Minister Anne McLellan will make a key decision about that question sometime after Oct. 15, the deadline for submissions in what is fast becoming a politically charged extradition case. American authorities have asked Canada to turn over Ms. Boje, an American citizen, so she can stand trial in California. The charges she faces stem from a July 1997 raid on the Bel Air mansion of a cancer survivor who advocates marijuana's medical benefits. The legal and public battles that have followed the raid highlight sensitive questions in American politics, including how to deal with the medical use of marijuana; the excesses of the war on drugs; the dangers of the exploding prison population; even tensions of American federalism. And now, with Ms. Boje fighting to stay in her Canadian refuge, the Bel Air raid forces Canadians to confront a question: Just how brutal does another country's criminal justice system have to be before Canada refuses to hand someone over to that system? Strange as it may sound, this swirling controversy has the most modest of sources: the AIDS virus that infected the body of an American author named Peter McWilliams. In 1996, Mr. McWilliams -- who had sold more than two million copies of his self-help books, including Ain't Nobody's Business If You Do, an attack on the criminalization of consensual activities -- was told by his doctor that his HIV had become AIDS, and with it had come cancer. Chemotherapy and radiation followed, leaving him racked with nausea so powerful he couldn't continue his treatments. Mr. McWilliams tried every anti-nausea medication available, without success. With his doctor's consent, he turned to marijuana. The nausea vanished, allowing his treatment to go on. A medical marijuana crusader was born. Mr. McWilliams met a second man, Todd McCormick, who, at 26, had spent most of his life battling cancer, also with the aid of marijuana, and had become a leading expert in the medical uses of the plant. Mr. McWilliams commissioned Mr. McCormick to experiment with the plant and write two books on growing and using medical marijuana. With the hefty advance he was given, Mr. McCormick rented a stucco mansion in Bel Air and gathered assistants and activists to help with his project. Ms. Boje, a university-educated freelance artist, was hired to illustrate the texts. It was an exciting time for medical marijuana advocates. In 1996, California's voters had approved Proposition 215, the "Compassionate Care Act," which made it legal under state law for seriously ill people to purchase and use marijuana if recommended by a doctor. "Compassion clubs" sprang up to buy marijuana from growers on behalf of patients. Several other states prepared to follow California's example. In Bel Air, the "Cannabis Castle," as the rented mansion was dubbed, became a well-known symbol of the thaw. Mr. McCormick and Mr. McWilliams talked openly about their work and made little effort to disguise their extensive experiments breeding various marijuana strains. Potted marijuana plants grew on balconies and in neat rows in the back yard. The U.S. federal government, however, was dismayed. Federal officials denounced the idea of medical marijuana as a stalking horse for the legalization of the recreational use of the drug. White House officials disparaged medical marijuana as "Cheech and Chong medicine" and aggressively campaigned against state referendums on the issue. Despite the best efforts of the federal government, every state vote on medical marijuana -- there have been seven so far -- has strongly approved the idea. More states are preparing to hold referendums. And last year, a report by a branch of the renowned National Academy of Sciences embarrassed the White House by agreeing that marijuana was useful in controlling symptoms associated with AIDS. It supported patients' access to the drug if other options failed. These developments failed to soften the White House, and federal officials insisted that the letter of federal law would be enforced. The California referendum had legalized medical marijuana under state law only; it remained strictly illegal under federal law. The federal government therefore warned California doctors that if they recommended medical marijuana to patients, they would be aiding and abetting a federal crime and could be prosecuted. They could also lose their federal licences to prescribe drugs, which would put them out of business. (A federal judge recently ruled that such prosecutions would unconstitutionally infringe on doctors' right to free speech.) Congress tried to block officials from counting the ballots in a medical marijuana referendum in the District of Columbia when it became clear the proposition would easily pass (it did). And federal law enforcement officials continued to aggressively prosecute federal legislation banning marijuana without regard for the new state laws. The result was a July 1997 raid on Mr. McCormick's "Cannabis Castle." Some 4,000 plants were seized and numerous charges, including trafficking, were laid against Mr. McCormick and Mr. McWilliams. Authorities produced no substantial evidence that Mr. McCormick was selling his marijuana. They simply took the number of plants as proof of intent to traffic, dismissing the argument that the two men had more plants than they needed for personal use because they were conducting breeding experiments. Ms. Boje, who never owned any of the plants, also had production and trafficking charges laid against her, mainly on the grounds that she had allegedly been seen watering Mr. McCormick's plants and moving them around to get better sunlight. Those charges were dropped. But fearing that they would be reinstated, she fled to British Columbia on a lawyer's advice. The charges were indeed laid again and Ms. Boje, now an international fugitive, applied to the Canadian government for refugee status. She cited several grounds, including the gross disproportion of the sentence she faces if convicted, and what she claims is a politically motivated prosecution whose real target is California's medical marijuana law. She also points to the inhumane conditions in many prisons in the United States, where soaring drug convictions in particular have led to severe overcrowding and dangerous conditions. This is a particularly concern for female prisoners who, according to human rights reports, are often subject to rape and torture at the hands of fellow prisoners and prison authorities. American officials responded to Ms. Boje's flight with a demand that Canada extradite the Californian. Ms. Boje has lost rounds in court, and now both her refugee claim and the extradition request are bound for the desk of federal Justice Minister McLellan. As difficult as Ms. Boje's predicament may be, Mr. McCormick and Mr. McWilliams suffered worse fates. An American federal judge refused to allow the two men to present evidence at trial that marijuana was for them a medical necessity. He further ruled that they couldn't mention Proposition 215, or argue that at the time of the alleged federal offence it was legal to do what they did under California law. Mr. McWilliams was even forbidden from telling the jury that he had AIDS and cancer. Barred from raising any defence, the two men had no options left. Mr. McCormick pleaded guilty in exchange for having some charges dropped, and was sentenced to five years in a federal prison named "Terminal Island." Underweight and suffering from severe scoliosis and nerve damage, he asked prison authorities if he could be prescribed the synthetic drug Marinol, which contains one of the active ingredients in marijuana. The officials refused. Instead, they tested Mr. McCormick for marijuana use and got a positive result. Mr. McCormick insisted the result came from use prior to his being imprisoned -- trace elements can linger in human cells for up to a month and he wasn't tested prior to being jailed -- to no avail. Prison officials punished him with two months in Terminal Island's solitary confinement unit, where he can currently be found. Mr. McWilliams also agreed to plead guilty. Released on bail pending sentencing, he was required to submit to drug testing every week. With the bail secured by his mother's house, he didn't dare touch the marijuana he needed to keep from throwing up his AIDS medicine. In June, Mr. McWilliams was found dead in his bathroom. He had choked on his own vomit. "He was a beautiful man," Ms. Boje says. "He had a lot of wisdom and a lot of humour." She fears a similar fate is being prepared for Mr. McCormick. He was underweight before he went to prison and that will only get worse in solitary confinement, Ms. Boje worries. He's had no medication or physiotherapy since he was jailed. "I feel that they're trying to do the same thing to Todd. They're ultimately trying to kill him." As fearful as Ms. Boje is for Mr. McCormick, she is serene about her own fate. "I really trust that the universe will take care of me." Ms. Boje's universe, however, has narrowed down to the person of Ms. McLellan. The federal justice minister can reject the American extradition request on several grounds, the strongest of which is likely that to send Ms. Boje back to the United States would be "unjust and oppressive." John Conroy, Ms. Boje's lawyer, argues that it's a question of proportion. In Canada, he says, Ms. Boje would likely receive a fine and, perhaps, a criminal record if convicted on similar charges. And that's if charges were even laid. Mr. Conroy points out that in many cities in Canada, there are growing clubs that provide marijuana to patients recommended by doctors. These clubs are well-known to the police but, provided they operate within certain limits, they are left alone. One such club in Vancouver has more than 1,300 members, Mr. Conroy says. And that's something that Canadians support and want expanded. "The public in Canada shows something in excess of 85-per-cent support for medical marijuana," Mr. Conroy notes. The federal government, after years of refusing to deal with the matter, has begun to study the medical uses of marijuana and grant exemptions to bona fide patients. The Ontario Court of Appeal has further directed the government to expand and formalize the system for granting exemptions, or have the entire law restricting marijuana struck down. Given this environment, Mr. Conroy says, "it seems to me to be outrageous, and the public should be outraged, that the American federal government wants to take this young woman and stick her in a prison for a minimum of 10 years." That Ms. Boje would be found guilty seems all but a formality since she, like Mr. McWilliams and Mr. McCormick before her, would likely be forbidden from even mentioning medical marijuana or the fact that what she did was legal under California state law. "The disproportionality between the Canadian situation and the American federal government's position is phenomenal," Mr. Conroy says. While Canada is liberalizing its laws and attitudes, the United States has gone in the opposite direction -- to such an extent, in fact, that numerous American judges and judicial organizations have attacked the increasingly tough mandatory minimum sentences for drug crimes as profoundly unjust. Some American judges have resigned rather than impose mandatory minimum sentences. The gap between Canadian laws and values and the American punishment facing Ms. Boje is so extreme, Mr. Conroy feels, that Ms. McLellan must decide that handing Ms. Boje over to the Americans would indeed be "unjust and oppressive." But the political repercussions of such a decision would be great. Drugs are a major concern of American foreign policy, and the U.S. State Department has already criticized Canada for being "soft on drugs." It would also be unprecedented. A Quebec court did once refuse the extradition to the United States of a man accused of cocaine trafficking, but the Supreme Court of Canada reversed that decision. Yet, Mr. Conroy thinks that case might actually work in Ms. Boje's favour. The Supreme Court didn't give reasons for its decision, he notes, but the dissent in the Quebec court distinguished between the case before it and one in which someone is found in possession of a small amount of marijuana. The fact that Ms. Boje's case revolves around medical marijuana, Mr. Conroy feels, puts it squarely in line with the hypothetical example that all the Quebec judges agreed would mean a refusal of extradition. Ms. Boje is confident for simpler reasons. "I just have faith." She came to Canada, she says, only because that's what happened to be on the other side of the border she crossed. Once here, she was taken with the tolerance and decency she experienced. "I do feel I've landed in a pretty amazing place. I feel blessed in that respect. I really had no idea in coming to Canada that it was like this." In Robert's Creek, she has found a place where the universe is indeed taking care of her. In this community, artists and environmentalists abound -- "lots of women in peasant skirts," she says. If she wins, she says she'd like to build "a collective healing community." It would be "a place to go for healing in nature. That's my ultimate dream." Spoken like a true flower child. Dan Gardner is a member of the Citizen's editorial board. Note: The case of a U.S. woman who fled to B.C. after being charged for watering plants at the home of a medicinal marijuana advocate highlights the gap between Canadian values and America's war on drugs.Direct Link To Above Article:http://www.ottawacitizen.com/national/001007/4648954.htmlSource: Ottawa Citizen (CN ON)Published: October 7, 2000Author: Dan GardnerCopyright: 2000 The Ottawa CitizenContact: letters thecitizen.southam.ca Address: 1101 Baxter Rd.,Ottawa, Ontario, K2C 3M4Fax: 613-596-8522Website: http://www.ottawacitizen.com/Related Articles & Web Sites:Renee Boje's Legal Defense Fundhttp://www.reneeboje.com/Peter McWilliam's Memorial Pagehttp://homepages.go.com/~marthag1/Peterm.htmTood McCormick's New Home Pagehttp://www.toddmccormick.org/Peter McWilliams, R.I.P.http://cannabisnews.com/news/thread6128.shtmlLearning from Peter McWilliams http://cannabisnews.com/news/thread6086.shtml Canada and US in Drug Debate - Christian Science Monitorhttp://cannabisnews.com/news/3/thread3333.shtmlCannabisNews Articles - Renee Bojehttp://cannabisnews.com/thcgi/search.pl?K=BojeCannabisNews Medical Marijuana Archives:http://cannabisnews.com/news/list/medical.shtml
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Comment #6 posted by kaptinemo on October 08, 2000 at 07:36:29 PT:
"Treason doth never prosper; what's the reason?
Because if treason *doth* prosper, none dare call it treason."Those words, uttered by an English nobleman, should be inscribed over the doors of the DEA, the FBI, the ONDCP, and every single police station in this country. But instead of the word treason, it should be crudely X'ed out and the word "Corruption" written above it. Even though, in this instance, there's simply no difference. The antis keep calling this a war, right? Even in war, an enemy's personal property is supposed to be inviolable; Laws of War, the Hague and Geneva Conventions, and all that.But someone seems to have forgotten to tell the antis that. Whether you illegally take sustenance from the enemy at gunpoint (forfeiture) or you take it from the vault where it is stored (embezellment) it is all the same. Theft. Punishable by all the Laws of War.If the antis truly wish to call this a war, then they should be subject to the same rules and regulations governing warfare. If this is a war, then for escaped POWs (like Renee) who have managed to make it to neutral territory, the standard practice is to be interred for the duration of the war. Not handed over to the bloody, thieving, rapacious hands of your enemy.Canada once before stood it's moral ground and welcomed conscientious objectors; will she show that strength again? It's up to you Canucks to decide.
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Comment #5 posted by EdC on October 08, 2000 at 05:02:09 PT
Rene Boje
I pray that Canada refuses to extradite Rene Boje. Ten years for supposedly being seen tending plants is ridiculous.End this ridiculous drug war. 
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Comment #4 posted by FoM on October 07, 2000 at 20:27:10 PT:
Very Good
observer that is an excellent comparison.
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Comment #3 posted by observer on October 07, 2000 at 20:04:15 PT
Different Standards for Different Classes
American drug enforcement officials insist Ms. Boje, 30, is a serious criminal on the run from justice, a woman guilty of such a horrible crime that she must be punished as harshly as rapists and murderers. . . If she is found guilty, the mandatory minimum sentence she will receive is 10 years in prison. . . . inhumane conditions in many prisons in the United States, where soaring drug convictions in particular have led to severe overcrowding and dangerous conditions. This is a particularly concern for female prisoners who, according to human rights reports, are often subject to rape http://www.spr.org and torture at the hands of fellow prisoners and prison authorities. Contrast Ms Boje's "mandatory minimum" of 10 years with Mr Garrett's sentence for stealing over $300,000. Saturday, Oct. 7, 2000Retired police officer sentenced for stealing from departmentFAIRFAX, Va. (AP) - A retired Fairfax County police officer who admitted stealing $330,000 from the department over six years was sentenced Friday to two years in federal prison and ordered to repay the money.Daniel B. Garrett III, 51, pleaded guilty in July to felony theft. U.S. District Judge T.S. Ellis III imposed the maximum possible sentence under federal law."The harm you've done is incalculable," Ellis told Garrett. "In a six-year criminal spree, you demolished the trust and respect that the public should have for police officers everywhere, particularly in Fairfax County."Garrett was Fairfax's asset forfeiture officer from the day the job was created in 1989. He was in charge of tracking and disbursing the millions of dollars in cash and property seized from suspected drug dealers. When he retired in May 1999, his successor noticed discrepancies. Fairfax police turned the case over to the FBI.Neither investigators nor Garrett would say what he did with the money, other than spend it for "personal use."The county has since initiated procedures to safeguard seized money._ AP-ES - 10 - 06 - 00 2335EDT _http://www.dailypress.com/news/stories/e0031218.htm Question: How long do you think Garrett will actually have to serve? How many charges will Ms Boje face, do you think, compared to the wayward officer's one charge?
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Comment #2 posted by Rainbow on October 07, 2000 at 10:02:28 PT
I agree
Max, I agree with you. I saw people getting in cars at the Friends society to go to Canada back during the Vietnem war and I did not understand. I was foolish and dumb, yes I was in Rotc too (that is until someone told the authorities I smoked pot (DARE back then too)). What a life saver I got out.Now I understand her flight and hope beyond hope that she is granted asylum and the USA is presented with a stern reprimand by the Judge.Of course there is always the DEA,CIA,FBI,SS and DSS who are probably threatening her as we speak. The Judge needs courage and strength because she probably already knows what is the right thing to do.Renee good luck and I will have an intention said for you this week in church.CheersRainbowDSS is the newest of security groups that I have heard of Defence Secret Security.I wonder why they need all this security, maybe it is because they are all rats in Washington D.C.
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Comment #1 posted by max on October 07, 2000 at 09:26:10 PT:
I am ashamed
I'm thinking of going to BC myself. I have e-mailed the president (lotta good that will do) but this country is going to hell in a handbasket. Good luck rene. I am completely ashamed to be an amerikan.
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