cannabisnews.com: Medical Defense Slips Into Pot Trial





Medical Defense Slips Into Pot Trial
Posted by CN Staff on July 11, 2002 at 10:14:07 PT
By Denny Walsh -- Bee Staff Writer
Source: Sacramento Bee
Bryan James Epis doesn't strike one as a person likely to be found in the vortex of a national controversy. His soft, friendly features, mellow demeanor and low-key conversational manner leave an impression of inner peace rather than outer turmoil.But the husky, 35-year-old son of a well-to-do Silicon Valley woman finds himself a poster boy for pro-medical marijuana forces -- and in a fight for his freedom that could end with 10 years behind bars.
His famous lawyer, J. Tony Serra, is trying to counter the marijuana-growing charges with a medical-necessity defense in Sacramento federal court, where medical necessity is, by law, not a defense.That may sound improbable, but it would be an understatement. Longtime observers agree it is one of the most bizarre trials in the court's history.State law allows seriously ill people who have a doctor's recommendation the use of marijuana to alleviate pain and debilitating physical side effects of other treatments. Federal law bans pot for any purpose.Epis was associated with a cannabis buyer's club in Chico, and his prosecution is the first involving such an organization to get to a federal jury.But when the trial started, words such as "cannabis club," "medicine," "patient," and "doctor's recommendation," were verboten by order of U.S. District Judge Frank C. Damrell Jr., who was following the dictates of the U.S. Supreme Court. The judge and opposing lawyers even agreed on a euphemism for the Chico cannabis club -- "dispensary."That was two weeks ago. Despite Congress, the Supreme Court, Damrell and prosecutor Samuel Wong, the wily Serra has been able to get his client's medical defense before the jury of eight women and four men. On Wednesday in his closing argument, he implored them to follow their consciences.At first, it was by inference in his opening statement and the way he questioned witnesses. But by Tuesday and Wednesday, all the barriers were down. Wong himself was referring to "patients" in his cross-examination of Epis and "cannabis clubs" in his closing argument, and Damrell was acknowledging that Proposition 215 -- California's 1996 medical marijuana initiative -- and its role in the defendant's motive "is clearly before the jury."Damrell announced to the attorneys Wednesday that he would instruct the jury today to "disregard all evidence relative to the manufacturing of marijuana for medicinal use." He said: "We are clearly beyond the margin in this case. I've tried to go over this minefield carefully but obviously not successfully."Wong and his case agent, Drug Enforcement Administration Special Agent Ronald Mancini, are scornful of the medical defense.Chico Medical Marijuana Caregivers "was a scam set up with Prop. 215 as a shield for the manufacture and marketing of marijuana," Wong told Damrell. The prosecutor said that the club was selling blank recommendations already signed by a physician. Because he could produce none, the judge would not let him make the accusation before the jury.The jury will begin deliberations today. Snipped: Complete Article: http://www.sacbee.com/content/news/story/3528430p-4554568c.htmlSource: Sacramento Bee (CA)Author: Denny Walsh -- Bee Staff WriterPublished: Thursday, July 11, 2002Copyright: 2002 The Sacramento BeeContact: opinion sacbee.comWebsite: http://www.sacbee.com/Related Articles & Web Site:Medicinal Cannabis Research Linkshttp://freedomtoexhale.com/research.htmLawyer Asks Judge To Throw Out Two Chargeshttp://cannabisnews.com/news/thread13296.shtmlLegal Gaffe No Barrier To Pot Trialhttp://cannabisnews.com/news/thread13284.shtmlMedical Marijuana Trial on Hold http://cannabisnews.com/news/thread13247.shtml
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Comment #2 posted by E_Johnson on July 11, 2002 at 11:37:49 PT
Jury, disregard yourselves as voters!
Damrell announced to the attorneys Wednesday that he would instruct the jury today to "disregard all evidence relative to the manufacturing of marijuana for medicinal use."
How can he exepect them to do that? It's not really possible to make someone forget that they showed up on election day and chose to make this legal.
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Comment #1 posted by xxdr_zombiexx on July 11, 2002 at 10:38:41 PT
Vastly Important.
This is the first Federal "No such thing as Medical Marijuana" Trial. It is vastly important to the Federal Governemnt that they get the ruling they want. They dont give 2 farts for epis himself: they want the ruling which will be quickly spun and interpreted widely and obtusely to further a de facto invasion of California by Federal Agents: massive forfietures await along with some major road-building around the Constitution laying infrastructure for Homeland Security. HS will spend much of its time policing "Druuuugs" as they are a Threat to Homeland Security.Notice you dont hear this trial referred to in the masss media. The Feds know theya re wrong and on shaky ground. But just like a scoundrel lying to a girl to get in her pants: all they want is what they want. Nothing else means anything. I so hope they lose and badly. That would further complicate thier war against cananbis people and send them the message that Juuries wont convict people for pot anymore. Especially with the profound changes in Canada and the UK.The US FEDERAL GOVERMENT HAS NO CREDIBILITY.NONE. It's gone.
Common Ground
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