Federal Medical Marijuana Cases in California & elsewhere

Federal Medical Marijuana Cases in California & elsewhere

(Sept 11, 2001 - Dec 12th, 2006)
See also: ASA list of pending cases

Pending cases:

â?¢ Hayward, Dec 12, 2006 - DEA & IRS raid Local Patients' Group, arrest owner Shon Squier, 34 and manager Valerie Herschel, 23, seize $2 million in assets. LPG had already agreed to shut its doors at the end of the month after having violated the city's limit on quantity of product on premises.

â?¢ San Francisco, Oct 4th, 2006 - DEA raids New Remedies Cooperative, a spinoff of the former Compassionate Caregivers dispensary group, which had been closed by federal investigators following a raid on their LA branch. Fifteen persons arrested, including director Sparky Rose, 36; plus James Daley, 56, Sean Anderson, 22; Johnny Seto, 32; Mark Miller, 53; Tracy Smith, 32; Kevin Ellis, 28; Jason Matthewson, 29; Alfaro Munoz-Bebullida, 33; Steven Navarro, 35; Mistalee Chiame Wang, 25; Jaime Perreira, 26; Ben Blair, 31; Irene Matsuoka, 27; and Amber Froiness, 26.

â?¢ SF/Oakland - Marijuana author/advocate Ed Rosenthal re-indicted Oct 12th, 2006, after conviction had been overturned by appeals court. Originallly convicted Jan 31, 2003 for cultivating and maintaining a place in Oakland and conspiring to cultivate over 100 plants for the Harm Reduction Center in San Francisco. Jurors renounced their verdict after the trial upon finding out that important evidence that Rosenthal had been deputized by the city of Oakland had been withheld. Rosenthal had been sentenced to 1 day time served and 3 years probation and $1300 fine Jun 4, 2003. Money laundering charges added on re-indictment. Also facing charges along with Rosenthal: Rick Watts.

â?¢ Modesto, Sep 27th 2006 - DEA raids California Healthcare Collective, a medical marijuana dispensary which had been operating and paying taxes for more than a year. Proprietors Ricardo Monntes, 26, and Luke Scarmazzo, 26, charged with conspiracy to manufacture and distribute. Also charged: Jose Malagon, 33; Antonion Malagon, 28; Lucky Jamal Boissiere, 26,; Stephen J. DeeMattos, 24, and Monica Valcenica, 25, Bradely Wickliffe, 28, and Brad Heinmiller, 32.

â?¢ Plumas County, Sep 5, 2006 â?? Caregiver Jeff Sanderson charged federally pursuant to August 14, 2006 raid by a local-federal task force that allegedly found 260+ plants. Child protective services has taken custody of Sanderson's and his wife's 10-month old son. More info

â?¢ San Diego, July 6th 2006 - DEA and San Diego county narcotics agents shut down the city's dispensaries; half of the city's 19 dispensaries raided, others pressured to close. Six arrested on federal charges: John Sullivan, owner of the Purple Bud Room, who had other run-ins with the law; plus five defenants charged with cultivation in association with Co-Op San Diego: Wayne Hudson, Chris Larkin, Ross McManus, Scott Wright, and Michael Ragin.

El Dorado County - June 30, 2006. DEA & sheriffs arrest patients David Harde and wife Toby Landis on federal charges of sales of (medical) marijuana. Harde had been arrested Sept 1, 2005, by local sheriffs in connection with a five-patient collective. Facing difficult prosecution, county turned case over to feds.

â?¢ Trinity County - Vernon Rylee, 61, was snatched out of state court in Trinity County on 10/18/05 and arrested on federal cultivation charges. Rylee and his wife had been arrested in 2003 for a sizable outdoors grow; they were re-arrested the next year after deliberately replanting another garden in public view. While awaiting trial, they were arrested once again, this time for a personal use garden of approximately ten plants. The Trinity County DA dismissed Janet, but turned Vernon, who is seriously ill, over to the feds. After being held 4 months in Sacramento Jail, where his condition worsened, he has been transfered to the Fort Worth Federal Medical Center. Still imprisoned as of Dec., 2006.

â?¢ Merced - Aug 10th, 2005. Patient activist Dustin "DC" Costa arrested on federal charges. The charges stemmed from a raid in February 2004, when some 900 plants were seized from Costa's greenhouse. Costa had maintained that the plants were all for legal Prop. 215 patients. After 18 months of court continuances, state officials turned DC's case over for federal prosecution. Convicted by jury Nov., 2006.

â?¢ Modesto - July 18th, 2005. DEA arrests Thunder Rector and two others on charges stemming from a raid on his property by Stanislaus Co sheriffs, who reported discovering 49 plants and 235 pounds of marijuana there. Rector and his wife Rayleen Edson had been providing medical marijuana for partients at a San Francisco dispensary. Also charged was a neighbor, John Hellanger. Thunder awaiting trial on bail.

â?¢ Kern Co - July 20, 2005. Joe Fortt, 42, director of American Kenpo Kungfu School of Public Health, arrested for cultivating over 2,000 plants at three different locations. Charged with conspiracy to distribute and possess more than 1,000 plants (10 year mandatory minimum). Currently held in Fresno jail, where his health has been declining. More on Joe Fortt.

â?¢ Bakersfield - Sep 8th, 2005. DEA arrests James Holland and two associates in raid on the Free and Easy cannabis dispensary. Kern County sheriffs summoned the DEA after being called to investigate a robbery at the facility. Police found plants growing at Holland's home plus 20 lbs of marijuana, and illegally possessed firearms. Holland being held in prison without bail.

â?¢ Sacramento - July 7, 2005. Louis Wayne Fowler, director of Alternative Specialities dispensary, charged by feds following raid by Sacramento County Sheriff that uncovered two indoor gardens with an alleged 800 plants. Sheriffs say Fowler had a criminal record for embezzlement and failed to file for a business license. Charged for manufacture of marijuana and illegal possession of weapons.

â?¢ Roseville - DEA raids Capitol Compassionate Care Center in Roseville and the Newcastle home of its proprietor, Richard Marino, on Sept 3, 2004, seizing 250 plants, 20 pounds of processed marijuana, and $105,000 cash. Goverment files for forfeiture of Marino's home and for his rented storefront premises owned by landlord Richard Ryan. Marino indicted Jan 2006 on 19 counts for distribution, manufacture, and money laundering.

*San Francisco - June 22, 2005. Feds raid 3 dispensaries and indict 20, mainly Asian-Americans, in what is described as a major organized crime operation. Some defendants charged with money laundering and sales of ecstasy. Others include Van Nguyen, director of first Asian-American medical cannabis dispensary. More details.

â?¢ El Dorado Co: Dr Mollie Fry & Dale Schafer. Operated medical marijuana clinic in Cool, California with 6000 patients; DEA raided Sep. 28, 2001; seized patient records. Indicted Jun 22, 2005 for marijuana found on premises.

â?¢ Lake Co. - DEA raids Eddy Lepp's medicinal gardens Aug. 18th, 2004. Over 32,000 plants destroyed, Lepp says plants belonged to 2,000 - 3,000 patient shareholders. Lepp arrested and released on bail pending trial on marijuana charges with possible sentence of 12 years to life. 13 others arrested with Lepp but not charged. Feb 16, 2005: Lepp re-arrested along with Daniel Barnes after allegedly selling one pound of marijuana to DEA agents, who claim they did not mention medical purposes. Several hundred clones taken.

â?¢ Calaveras County, Jan. 2005. Federal government files forfeiture suit against Wesley Crosiar, 52, after local sheriff finds 134 marijuana plants on his property. Government seeks to forfeit Crosiar's home and five acres of land inherited from father. Crosiar, who was living on the property with his wife and sons, says he was growing for half a dozen friends and family members and had checked with local authorities to make sure he was within legal guidelines.

â?¢ Oakland - Five arrested by DEA following a CHP raid on a warehouse where 4,000 plants were found (Jun 30, 04). Defendants say the plants were for a licensed dispensary. Police gave conflicting accounts of the incident; the CHP says it called on the DEA after Oakland police declined to help. Two defendants have pled and received misdemeanor probation: Jacek Mroz, 27, of San Leandro, and Jesse Nieblas, 31, of Alameda. Also arrested were Mario Pacetti, 33, of Alameda, Heleno Araujo, 32, of Concord, and Celeste Angello, 28, of Santa Clara. Angello sentenced to 2 years probation 10/6/4; Araujo pled guilty to misdemeanor for maintaining a place for manufacture of marijuana. Pacetti pled guilty 2/16/05. Two more indicted Feb 11, 2005: Thomas Grossi,60, owner of the property, and Roy Lewis, 52, an alleged grower. Grossi convicted Jan 2006.

â?¢ Tehama Co. - David Dean Davidson, 52, and Cynthia Barcelo Blake, 53, indicted by federal grand jury on Jan 8, 2004 after trying to assert medical marijuana defense in state court. Arrested with 100s of small seedlings, 33 mature plants, and a few pounds of processed marijuana in Red Bluff and Oakland. Defendants say they were for personal use. The Tehama DA turned the case over to the feds while pretending to negotiate a deal with their attorneys. Denied a Raich defense by Judge England.

â?¢ SF Bay Area - Ken Hayes and Rick Watts indicted along with Ed Rosenthal following DEA raid on S.F. Sixth Street Harm Reduction Center Feb. 12, 2002. Hayes, previously acquitted in Sonoma Prop 215 case, is in Canada. Charges against Watts dismissed 2006.

â?¢ Sacramento - Robert and Shawna Whiteaker - patient couple involved in Prop. 215 cultivation case that was turned over to the US attorney by the Sacramento DA's office after they charged that search warrants were falsified by a sheriff's deputy. Attorneys allege US prosecutors improperly withheld information to force the case into federal court. Shawna got misdemeanor probation; Robert appealing sentence.

â?¢ Humboldt Co. - Chris Giauque - arrested in Humboldt County Aug 01, 2001 growing 204 plants for the Salmon Creek patients' collective; case turned over to the feds, pled guilty Dec 6; sentenced to 15 months for possession. Released from prison May 2003. Meanwhile, in a separate case, Giauque won a landmark federal lawsuit for return of one ounce of pot seized by the DEA at the request of the Humboldt sheriff after the latter was ordered to return it to Giauque under Prop. 215. Giauque missing and presumed dead since Aug 2003; police suspect foul play.

â?¢ Amador Co - Bill Lockyer & Bill Olson, fighting federal forfeiture of their home for growing 300 plants; Lockyer a patient; seizure order dated Dec 2001.

Sentenced:

â?¢ Oakland, March 16, 2006. DEA raids cannabis candy manufacturer, "Beyond Bomb," at three different East Bay sites, seizing over 5,000 plants, $150K cash, and the company's stash of cannabis candies & soda pop. Arrested are alleged ringleader Kenneth "Kena" Affolter, 39,and 11 other employees. DEA says products were packaged in eye-catching candy wrappers that might pose danger to kids. Supporters say that products were distributed for use by medical marijuana patients. Affolter sentenced to 70 months; co-defendants Amy Teresa Arata and Jesse Monko sentenced to 18 months; Jaime Alvarez-Lopez and Elizabeth Ramirez sentenced to 1 year. Sep 26-06.

â?¢ Sonoma Co. - Aiko Compassion Center (Santa Rosa) raided by DEA May 29, 2002. Ed Bierling and Dan Nelson arrested separately each with plant #s beneath Sonoma Co. guidelines. Bierling not charged; Nelson given probation May 2006.

â?¢ San Bernardino Co. - Anna & Gary Barret arrested May 22, 2003 on federal grand jury indictment for marijuana cultivation after charges dismissed in state court. Gary & Anna sentenced to 2 years probation Jan 30, 2006.

â?¢ Sonoma Co. - Robert Schmidt, proprietor of Genesis 1:29 club in Petaluma, arrested Sept 13, 2002. Agents uproot 3,454 plants at the club's garden in Sebastopol. Pled guilty Jul 2003; sentenced to 41 months, July 2005.

â?¢ Orange Co. - Michael Teague - arrested May 2002 growing 102 small seedlings in garage in Tustin. Charges dismissed under Prop. 215; re-arrested by BATF on federal charges of being "unlawful user" in possession of a (legal) handgun. Gun charges dropped; pled guilty to cultivation with right to appeal. Sentenced to 18 months Aug. 2003.

â?¢ San Francisco - Stephanie Landa, Kevin Gage, Thomas Kikuchi arrested July 15th 2002 for 3000 square ft. medical marijuana garden in San Francisco. SF police had told the defendants beforehand that medical cultivation was OK, but then arrested them and turned their case over to the feds. Pled guiilty to maintaining a place for manufacture. Landa and Gage sentenced Aug 2003 to 41 months; Kikuchi sentenced to 37 months.

â?¢ Sonoma Co. - Keith Alden - arrested May 9, 2001 while growing for himself and other patients; convicted by a jury of cultivating more than 100 plants on Feb 11, 2002; sentenced to 5 yrs probation; re-arrested July 31, 2002 for cultivating while on probation. Convicted for growing 920 plants Dec 19, 2002. Sentenced to 44 months, July 1, 2006.

â?¢ Chico. - Bryan Epis convicted by federal jury July 2002 cultivating 457 plants for Chico cannabis collective; arrested August 1997; sentenced to 10-year mandatory minimum Oct. 7, 2002. Released on bail Aug 9, 2004; awaiting re-sentencing.

â?¢ Oakland. - Jimmy Halloran arrested in Feb 12th, 2002 DEA raid for sizeable indoor medical marijuana grow ( 3,500 plants). Halloran, 60 years old, facing a 10 year sentence and ill with Hepatitis C, agreed to plead guilty and cooperate with the government by testifying against Rosenthal. Sentenced May 22, 2003 to 6 months house arrest and $10,000 fine.

â?¢ Placer Co. - Bill & Peggy Riddick (aged 68, 69) sentenced 4/5/02 to 30 months beginning 5/13; home forfeited; arrested by Placer Co. sheriffs in 1997 growing 400-680 plants for a San Francisco cannabis club. Released from prison Jan 2004.

â?¢ El Dorado Co. - Roy Lee Sharpnack, 55 patient sentenced to 57 months on Mar 4, 2002 for growing 957 plants for an El Dorado patients' dispensary. Other defendants in the case: Jacob Sink released from prison in 2002; Traci Coggins, released from prison Nov. 02: Paul Maggi, released after agreeing to inform.

â?¢ Sonoma Co - Mark Whitney arrested March 2002 for 660 plant caregiver garden. Pled guilty Jul 2003, sentenced to 1 year prison, 3 years supervised release; out pending appeal.

â?¢ San Diego - Steve McWilliams, co-partner of Shelter from the Storm medical marijuana collective, arrested by DEA Oct. 11, 2002 for cultivating a small sideyard garden for a half dozen patients. Pled guilty to cultivation of 25 plants, with right to appeal. Sentenced to 6 months Apr 28th, 2003; released on bail pending appeal but denied access to marijuana. Suffering intense pain and depression, McWilliams committed suicide July 11, 2005.

â?¢ West Hollywood - Los Angeles Cannabis Resource Center - Raided and closed by DEA Oct. 25th on orders of US Justice Dept against wishes of local authorities. Served 960 seriously ill patients In Hollywood. Forfeiture charges filed against the LACRC's building Jun 2002. LACRC director Scott Imler, Jeff Yablan and Jeff Farrington pled guilty to avoid a potential 30-year sentence. Sentenced to 1 year's probation plus community service in November 2003 by Judge Howard Matz, who praised the defendants and excoriated the government for bringing the case in the first place.

â?¢ Ventura Co. - Lynn and Judy Osburn raided Sept 28, 2001 for cultivating for the LACRC. Forfeiture filed against Osburns' property, including home they built for themselves, in July 02. Raided again and arrested for personal use garden of 35 plants in Aug 02; charged with cultivation. Pled guilty Sep 03. Lynn sentenced to 1 year. Ninth Circuit denied appeal March 2006.

â?¢ Mendocino Co. - David Arnett and David Kephart charged federally Jun 02 with growing 27 plants on BLM land after case was dismissed in state court. Arnett sentenced to 3 years probation and $1,000 fine Jun 20, 03.

â?¢ Sonoma Co - Patient Mike Foley arrested with a home garden by FBI in the course of an unrelated investigation of his housemate, Jun 2002. Pled guilty to cultivation of 95 plants. Foley had previously been acquitted by a Sonoma jury for cultivating marijuana with Ken Hayes for the CHAMP patients' group in San Francisco. Sentenced to 6 months home detention plus 3 years probation Mar 31, 2004.

Raided by DEA, no charges filed (yet):

â?¢ Sky Valley (Riverside Co.) March 15, 2006. DEA bangs down door of medical marijuana patient Garry Silva, 53, flooring him, dislocating his shoulder and breaking a bone in the process. Silva found growing 70 small indoor plants, half of them unrooted, for 9 legal patients affiliated with a Palm Desert collective. No charges filed.

â?¢ San Francisco, Dec. 20, 2005 - DEA raids HopeNet Cooperative after first raiding home of HopeNet directors Steve and Catherine Smith. No arrests. Agents seize cash, medicine, a few hundred small indoor plants, mostly cuttings and clones.

â?¢ San Diego, Dec 12, 2005 - Interagency task force raids 13 of 19 San Diego dispensaries. Task force led by DEA with state police. Raids conducted under state, not federal search warrant. No arrests, investigation ongoing.

â?¢ Los Angeles - DEA raids home garden of sickle-cell patients' advocate Sister Somayah on Oct. 8, 2003, destroying 12 plants. Somayah, who has been repeatedly harassed by the LA police department, was acquitted of cultivation in a jury trial in 2002. No charges filed.

â?¢Lebanon, Oregon - DEA raids garden of Travis Paulsen, seizing 48 mature and 56 immature plants, Oct. 2, 2003. No charges filed.

â?¢ Santa Cruz - Wo/men's Alliance for Medical Marijuana, a collective of 250 seriously ill patients, raided by DEA Sept. 5, 2002; armed agents destroy 167 plants. Directors Valerie and Mike Corral handcuffed and arrested, then released. WAMM files suit for return of property. WAMM granted preliminary injunction against further DEA raids under Raich decision April 2004.

â?¢ Butte Co. - Diane Monson - 6 plant personal use garden destroyed by DEA in defiance of pleas by local D.A. Aug 15, 2002. Monson files patient lawsuit with Angel Raich asking for a federal injunction to protect them against further DEA aids. Injunction granted by 9th Circuit, overturned under Supreme Court Raich deciscion.

â?¢ Linn Co., OREGON - Leroy Stubblefield, a quadriplegic, and two other patients are robbed of a 12-plant caregiver garden, legally registered under state law, by DEA on Sept. 23, 2002. They plan to sue the federal government.

â?¢ Sonoma Co. - Alan MacFarlane - 128 plant, 10 patient cooperative garden destroyed by DEA Aug 2002. Had been acquitted for personal medical use cultivation of 100 plants by jury in 2001.

â?¢ Bremerton, WASH. - Monte Levine and Marc Derenzy raided by the DEA and threatened with arrest by U.S. attorney in August 2002 for openly growing medical marijuana (42 plants) for themselves and two other patients under Washington state law.

â?¢ Steamboat Springs, CO - Don Nord, 57-year-old patient with serious chronic illness, raided Nov 2003 for 3-plant medical garden. Charges dismissed under Colorado medical marijuana law, but Nord's medicine turned over to DEA. Nord is suing federal government for return of medicine.

â?¢ Aurora, Co - Dana May raided by DEA April 2004 for personal use garden. Colorado D.A. declines to press charges. May plans to file suit against feds for $3,000 in cultivation equipment and lost medicine.