cannabisnews.com: Pot Garden Uprooted in Raid





Pot Garden Uprooted in Raid
Posted by CN Staff on September 25, 2002 at 08:15:40 PT
By Jeff McDonald and Marisa Taylor, Staff Writer
Source: Union Tribune
One week after Steve McWilliams handed out medical marijuana outside San Diego City Hall, drug enforcement agents uprooted his Normal Heights pot garden and said he may face cultivation charges in federal court.The first of its kind ever in San Diego, the raid began at around 11:20 a.m. yesterday when about 10 members of a regional drug enforcement task force used a federal warrant to search the property.
They confiscated 26 maturing plants – some as tall as 8 feet – and about 10 pounds of loose marijuana cultivated by McWilliams under a state law that permits medicinal use of the drug. Officers also carted away irrigation equipment, fans and other marijuana-growing tools.No arrests were made. Agents said the decision to bring charges against McWilliams or his partner, Barbara MacKenzie, would be made by the U.S. Attorney's Office."He claims this is medicine," said Donald Thornhill Jr. of the U.S. Drug Enforcement Administration, which sought the warrant. "From our perspective, there's no medical use for this."U.S. Attorney Carol Lam said her office is reviewing the case to decide whether to pursue charges. She declined to comment further.Medical-marijuana activists across the state contend that the federal government is cracking down on activists such as McWilliams so that more people do not attempt to grow marijuana under California's Proposition 215.Thornhill said the seizure had nothing to do with McWilliams' protest outside City Hall last Tuesday. "This has been on the agenda for a while," he said. "It's the politics of the time."McWilliams had staged his protest to support a similar demonstration in Santa Cruz, where elected officials joined 1,000 or more people criticizing the DEA for an earlier raid on a marijuana cooperative there.Neither McWilliams nor MacKenzie was home when the narcotics team went to the Wilson Avenue residence. Agents climbed through an open window before taking an inventory of the home's contents.Television news crews taped the raid as it unfolded, while neighbors came out of their homes to watch.McWilliams arrived about 10 minutes later and was told that if he entered the property he would be detained. He left soon afterward but not before sharply criticizing the government's action."I don't know why this is happening," he said. "I've had police officers out here, probation officers out here, even the city attorney's office out here I don't know how many times."The search warrant was executed at the height of the annual harvest. McWilliams said most of the marijuana seized was not yet useable."It might have been 10 pounds with the branches and leaves, but it was totally unmanicured," he said.The action was not entirely a surprise.McWilliams was hand-delivered a letter from Lam last week warning him that his plants violated federal drug laws – even though they are allowed by city and state officials under Proposition 215.MacKenzie and McWilliams said that over the weekend they trimmed their plants and delivered marijuana to patients. They said several of the patients returned the marijuana Monday because they feared reprisals from the government.Both marijuana activists have been working closely with local officials to abide by guidelines being drafted by a city task force. Those recommendations are scheduled to be debated by a City Council committee next month."I trusted the political process," said MacKenzie, who was angry after arriving home to find federal agents searching her home. "They don't want to prosecute. They just want to take the medicine."San Diego Councilwoman Toni Atkins, who helped organize the city task force, called the seizure "unfortunate.""It's a tragedy that the will of the voters of the state of California, who overwhelmingly passed Proposition 215 in an effort to help sick people, continues to be subverted," she said.The city will push ahead with plans to issue identification cards to medical-marijuana patients, Atkins said.San Diego attorney Patrick Dudley is representing McWilliams and MacKenzie for free. Outside the home yesterday, he said there was little he could do but wait to see whether his clients are charged."I've never seen a case with such a small amount (of marijuana)," he said. "It's getting ludicrous. They're being targeted because they're speaking out."The question now is whether McWilliams will be charged with any crime. In Santa Cruz, federal prosecutors declined to charge several activists who were arrested by federal agents earlier this month.Peter Nunez, San Diego's U.S. attorney under President Reagan, predicted that the Justice Department would pursue criminal charges, especially because McWilliams has refused to back down."This guy is begging to be prosecuted," Nunez said. "I'm sure there are people who are quietly growing 10 plants in their back yards but they won't be prosecuted because they aren't publicizing the fact."Stephen G. Nelson, a former assistant U.S. attorney of 25 years who headed the office's drug division, agreed that a prosecution is likely but said he hoped the U.S. attorney would turn down the case."If it's a small number of plants and they are being grown consistent with California law, it's obviously a waste of federal resources to prosecute this guy," he said.McWilliams said medical-marijuana activists are rallying to help him and are planning protests for today at federal buildings around the state."Everyone knows what kind of place we ran," he said. "There was no large amount of patients and no large amount of plants. People are very upset."Note: Federal warrant used to search home of marijuana activists.Source: San Diego Union Tribune (CA)Author: Jeff McDonald and Marisa Taylor, Staff Writer Published: September 25, 2002Copyright: 2002 Union-Tribune Publishing Co.Contact: letters uniontrib.comWebsite: http://www.uniontrib.com/Related Articles & Web Site:Americans for Safe Access http://www.safeaccessnow.org Local Pot Advocate's Home Raidedhttp://cannabisnews.com/news/thread14238.shtmlPot Grower Gets Letter of Warning from DEAhttp://cannabisnews.com/news/thread14191.shtmlActivist Prods S.D. on Medical Pot Rules http://cannabisnews.com/news/thread14159.shtmlCalifornia Town's Leaders Join Pot Protest http://cannabisnews.com/news/thread14158.shtml
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Comment #6 posted by malleus on September 25, 2002 at 13:17:47 PT
Now we know what Black people went through 
during the civil rights days. It's no different, except this time it's not the state that's stepping on your rights, it's the feds.
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Comment #5 posted by John Tyler on September 25, 2002 at 09:33:01 PT
Harassment
The DEA tactics now are just plain harassment. They break into your house, mess it up, rough you up, scare you, and seal your stuff. They are just screwing with these people because they have dared to speak out against Federal gov. (cannabis) oppression.  
The gov. did the same kind of thing during the Civil Rights protest and the VietNam Anti-War protest. Now they are pulling out the old play book for the Anti-Drug War protest. The gov. has forgotten how much people hate to be harassed. 
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Comment #4 posted by trainwreck on September 25, 2002 at 08:42:37 PT
"This guy is begging to be prosecuted," 
Begging to be prosecuted? This article is truly chilling.Does posting messages and chat on this website also constitute "begging" to be prosecuted? No but it might warrant some survelliance.I know there are those who would like to see internet sites such as this shut down.Who's next on the hit list? 
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Comment #3 posted by TecHnoCult on September 25, 2002 at 08:36:50 PT
p4me
You are absolutely right! That is the Logical Conclusion.So, why hasn't there been a Nevada-like voter initiative in California to end prohibition? Does anyone know if this is in the works? It seems that the latest disrespect the federal government has had for California and its voters would lend support for Californians to pass such a free-thinking and independent proposal.THC
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Comment #2 posted by VitaminT on September 25, 2002 at 08:33:25 PT
My prayer
May a thousand gardens find root for every one DEAth destroys!
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Comment #1 posted by p4me on September 25, 2002 at 08:31:12 PT
Usually I wouldn't offer my personal opinion...
but maybe just this one time. Anyone that has studied the situation knows the remedy to the robbery our freedom is full ,outright legalization. I do not see how millions of voters in California could help but feel the (worthy of a name, thus the capitals) Logical Conclusion. I think it is time they expressed their mind to their legislators and tell them to quit pissing around with all these half measures and stupidity and end the state laws against marijuana prohibition.After 65 years we are nearing the end of prohibition and California needs to protect its national honor in ushering in all things new. It is time for the Logical Conclusion of prohibition and it is time to express that to the elected represetatives.Walters, Ashcroft, Hutchinson, and Bush- Let me introduce you to the Logical Conclusion.1,2
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