cannabisnews.com: Federal Drug Agents Seize Man's Medical Marijuana





Federal Drug Agents Seize Man's Medical Marijuana
Posted by CN Staff on October 24, 2002 at 10:38:37 PT
By Matt Sabo
Source: Oregon Live
The daylight basement in Leroy Stubblefield's Sweet Home area house seems an unlikely battlefield for America's war on drugs.  Stubblefield, a 52-year-old quadriplegic, and two of his caregivers were growing 12 marijuana plants in his basement in a state-licensed operation until Sept. 23, when a federal drug agent seized them in a drug raid. No one was arrested.
It is thought to be the first time in Oregon that federal authorities have overstepped state law -- which allows cultivation of marijuana for personal medicinal purposes under a $150 annual license -- and raided a marijuana growing operation. Kevin Neely, spokesman for the Oregon attorney general's office, said the seizure raises an unfortunate conflict between state and federal law. Neely said the U.S. Department of Justice has traditionally not taken an interest in these small grow operations but ultimately they do have jurisdiction and are within the scope of the law to bust Oregon medical marijuana patients. "They can't be prosecuted under Oregon law," Neely said, "but they could be prosecuted under federal law." In 1998, Oregon voters approved the Oregon Medical Marijuana Act, and about 3,600 people have a medical card to grow marijuana in the state. Voters in California, Arizona, Alaska, Colorado, Maine, Nevada and Washington approved similar ballot initiatives, and the Legislature in Hawaii passed a law allowing the use of medical marijuana. The federal government, however, does not recognize the use of marijuana for medicinal purposes and still classifies it as a drug. Stubblefield was home with two of his caregivers, Steve Russell, 46, and Clarence VanDehay, 48, when members of a local drug enforcement team showed up at his front door shortly after noon. They said they had received a tip he was growing 100 marijuana plants and asked to see them. Stubblefield, who was in bed, consented. Stubblefield, Russell and VanDehay all have licenses to grow marijuana. The state allows license holders to grow three mature plants and four immature plants. After checking out the marijuana plants, Linn County Sheriff's Lt. Will McAnulty said, local law officers concluded that the operation was in compliance with state law. But a Drug Enforcement Administration agent accompanying the local officers said he was going to seize the plants under federal law. Ken Magee, an assistant special agent in charge of Oregon's DEA operations, said it's a violation of federal law to possess, manufacture or cultivate marijuana. He said it's not a new policy that federal agents will seize marijuana plants grown for personal medicinal uses. "We're not looking at this as a matter of policy, it's a matter of federal law," Magee said. "The U.S. government doesn't recognize marijuana as a medicine. It's a drug. Even our own U.S. Supreme Court has ruled that there's no medicinal value in marijuana." McAnulty, commander of the Albany-based drug enforcement team that investigated Stubblefield's marijuana growing operation, said the DEA agent who seized the plants just happened to be in the office shortly before detectives drove to Stubblefield's home. "It's not any effort on our part to circumvent state law," McAnulty said. A Portland nonprofit organization, The Hemp & Cannabis Foundation, has given Stubblefield replacement plants and free medicinal cannabis. The group also intends to file suit against federal, state and local law enforcement officials, executive director Paul Stanford said. "It's a clear violation of state and federal law," Stanford said. "They're lying when they say they have a right to do this. (Local authorities) didn't say they had a federal officer with them." Local and state detectives failed to protect Stubblefield from an unreasonable search and seizure, Stanford said. And the U.S. Constitution said a state's medical practices are not subject to federal oversight, he said. "I don't see how they could pick out a disabled, quadriplegic war veteran to single out in Oregon to start with (seizing marijuana plants)," Stanford said. "It just seems to be the height of absurdity. Stubblefield said he remains angry. "I felt that we had been betrayed," he said. "What do they gain from this?" Stubblefield is filing a claim on the seized marijuana under his homeowner's insurance. Stanford estimated the value of the plants at $18,000. Complete Title: Federal Drug Agents Seize Man's State-Allowed Medical Marijuana Source: Oregon Live.comAuthor: Matt SaboPublished: October 24, 2002Copyright: 2002 Oregon LiveWebsite: http://www.oregonlive.com/Contact: http://www.oregonlive.com/contactus/Related Articles & Web Site:Hemp & Cannabis Foundationhttp://www.thc-foundation.org/hempnews/DEA Seizes Portland Man's Old Marijuana http://cannabisnews.com/news/thread12941.shtmlDEA Claims Dibs on Heart Patient's Pot http://cannabisnews.com/news/thread12931.shtml 
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Comment #19 posted by schmeff on October 25, 2002 at 09:42:56 PT
That must be some gooood medicine!!!
The article says 12 plants were confiscated. At the end, it says Stubblefield will file a claim with his homeowners insurance...value of the plants: $18,000.I thought that only the drug pigs resorted to this kind of hyperbolic exageration? You know, as in two ounces of cocaine seized, with a street value of four million dollars.If 12 cannabis plants are worth eighteen thousand dollars, I have a great plan to turn around the economy. Kind of a Victory Garden sort of thing.
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Comment #18 posted by knox42897 on October 24, 2002 at 23:43:19 PT:
SEND MONEY AND EMAIL TO FRIENDS
If you were thinking about donating to the Marijuana Policy Project's
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Vegas -- and a total of about 200 votes behind statewide. As of last
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this bold campaign to end the arrest of all adult marijuana users in
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thought that we could defeat the federal government and the Nevada
police on this issue?But there is bad news, too. Our opponents are sitting on $100,000 of
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next week, taking us to victory on November 5.Since Monday, our e-mail list and the Libertarian Party's e-mail list
have generated an astounding $24,500 for the Nevada campaign, leaving
us in need of only $75,500.Would you please visit http://www.NRLE.org to donate some of the
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this campaign, please consider this: The final $100,000 will ensure
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from passionate MPP members and other allies in all 50 states ...Since we launched the Nevada campaign, 4,346 people in all 50 states
have donated financially to this effort. Unfortunately, 29,388 people
on this e-mail list have not donated anything.I want to thank you in advance if you decide you are able to make a
last-minute donation. Money equals TV airtime. Thank you!Sincerely,Rob Kampia
Executive Director
Marijuana Policy Project
Washington, D.C.P.S. By donating $250 or more now, you will receive a videotape of the
   TV news coverage and all TV ads from the Nevada campaign. Better
   yet, we are making a special offer whereby donations of $250 or
   more can be tax-deductible.P.P.S. Our first-ever national conference will begin three days after
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    http://www.mpp.org/conference .P.P.P.S. To donate through the mail, please send your check to MPP's
     Nevada Campaign, P.O. Box 77492, Capitol Hill, Washington, DC
     20013.
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Comment #17 posted by Knox42897 on October 24, 2002 at 23:06:42 PT:
HANGING AT HIGH NOON
We're not looking at this as a matter of policy, it's a matter of federal law," Magee said. "The U.S. government doesn't recognize marijuana as a medicine. It's a drug. Even our own U.S. Supreme Court has ruled that there's no medicinal value in marijuana." Yes and even the U.S. Supreme Court is guilty of treason
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Comment #16 posted by Cannabis jarhead on October 24, 2002 at 16:34:13 PT
Big drug lords?
what happened to them going after Big time drug lords and not a person smoking a joint in there house. Seems to me the Feds are using the license to grow as a way to track down the people trying to do it legally. So if you are on a list to grow under state law ,you might be on the DEA list of next to raid.revolution: power to the people not to the rich 1% of these United prison States of the Americas'
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Comment #15 posted by CorvallisEric on October 24, 2002 at 16:06:03 PT
Why?
>>> "I don't see how they could pick out a disabled, quadriplegic war veteran to single out in Oregon to start with (seizing marijuana plants)," Stanford said. "It just seems to be the height of absurdity." I can think of two possible reasons; both would rely on maximum public exposure.1 - Deliberately pick on the most vulnerable and/or least culpable as quite literally a terrorist tactic.2 - Do some kind of damage to the DEA from the inside, or create some dissension. I haven't read DEA-Watch for a while but I don't remember it being a big, happy family. In fact, the word "sabotage" seemed to appear often, in a political context.
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Comment #14 posted by Cannabis jarhead on October 24, 2002 at 16:05:49 PT
Mother nature
How arrogant of a Government to think they can make a plant illegal and then mother nature will just stop growing it. Then all the soil in the USA will betaken and sold to countrys that support the war on drugs ,the sun will not shine on pot plants in fear it will lose the solar system in court. John Asscroft Scared of nude statues and plants.
Bush sequel was almost taken out by a snack food(maybe hired by a evil leader to do his evil biding.) 
ASA is a butt monkey for walters and is still using anslingers play book .
And The Drug Czar should be a Doctor not a prick with a whollier then thou Badge.Tired of being told what to ingest and not having the freedom, or choice to do what i want with may body.Viva La Revolution
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Comment #13 posted by goneposthole on October 24, 2002 at 13:20:51 PT
Datura meteloides
Jimson weed. The Hopi used it to cure meanness. Never use anymore than the end of your thumb from the first knuckle. Your mind will be expanded for some ten hours. Once is enough.
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Comment #12 posted by DdC on October 24, 2002 at 12:34:17 PT
Good Advice TroutMask
Just don't do it
   
If even 1/4 of the people who tried datura enjoyed the experienceI've never known anyone to use it twice and those who did try it once, swear they hated the experience. I know I helped a naive kid through it as a favor to his mother and it was not re-creational. Vomiting 6 hours straight, blindness and insanity looked more like a D.E.A.th wish. I think it was Datura used biblically blinding Paul and converting him as Saul the Biblethumper.It was also the shaman's choice in Clan of the Cave Bear book, not the stupid movie.I classify it with booze...bury it!
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Comment #11 posted by malleus on October 24, 2002 at 12:29:31 PT
Something's up, here
So, the Feds 'just happened' to be along for the ride? They 'just happened' be in the office that day to be available to go with them? They 'just happened' to be travelling through Oregon, which is a HUGE state (on their way to where?) to go visit one guy?. Yeah, right. tell me another one.This is as deliberate a setup as there ever was. Whether or not the local LEO's are trying to end run the law by bringing in the Feds is something that needs to be asked in court. I would like to question the local LEO's and especially see their phone logs. The number and frequency of calls would be very interesting. Like, who called first: the DEA, or the locals? If they made any calls to local DEA agents, first, then we know what's going on. But if the feds made the first move, then it really means trouble. You have to wonder what the feds may have threatened the locals with. 
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Comment #10 posted by TroutMask on October 24, 2002 at 12:23:49 PT
Just don't do it
If even 1/4 of the people who tried datura enjoyed the experience, it would be a heck of a lot more popular since it grows all over the place. It isn't popular. I suggest not messing with it. I never will again.-TM
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Comment #9 posted by DdC on October 24, 2002 at 12:04:53 PT
Hey BGreen
Good example, though I've never personally known anyone to die from Datura, I have known it to cause temperary blindness for 24 hours and completely intoxicate the user into oblivian. It does grow everywhere it seems though I've never had the urge to try it. I might head to South America to ride the panther on AYAHUASCA though. When I retire back to the 60's... ¶8) DdCSolanaceae Datura spp.COMMON NAMES: Jimson Weed, Devil's Apple, Thorn Apple, Stinkweed, Mad Apple, Devil's Weed, Malpitte, Moonflower, Witch's Thimble1676 a group of soldiers go insane in jamestown upon ingestion of cooked Datura plants.1968 Datura over-the-counter remedies for athsmatic difficulties are banned after people begin using them recreationally.2b) General Overview of Historical UsageDatura has been used for a very long time. Originally, it seems it was used as a shamanistic tool, one that could help a shaman gain entrance to "other worlds of existance." It also contains several chemicals that are helpful to the body in certain conditions. Atropine, a chemical derived from plants in the Solanaceae, is used in hospitals and generally a trusted drug. As such, one can imagine that it is fairly safe when used within the suggested dosages. 
Erowid Library: Datura
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Comment #8 posted by canaman on October 24, 2002 at 11:56:50 PT
That's a good idea BGreen
Personally I like the sound of "Crimes against humanity" or "Conspiracy with intent to commit murder" But with A.G. Ashcroft on the list where do we file charges?
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Comment #7 posted by DdC on October 24, 2002 at 11:52:03 PT
OREGON MEDICAL CANNABIS AWARDS 2002
Date: Wed, 23 Oct 2002 20:15:42 -0700
From: "D. Paul Stanford" 
Subject: OR Medical Cannabis AwardsOregon NORML and Cannabis Culture presentOREGON MEDICAL CANNABIS AWARDS 2002Saturday, November 9, 2002Double Tree HotelLloyd Center, Portland, Oregon11 am-6 pm Over 18 Only$ 10 General AdmissionAwards Banquet 6:30 p m$ 35 Per Pe r s o nBanquet tickets must be purchased in advance. Act soon!Awards presented byJACK HERER, the Emperor of HempMusic by EARTHFORCE and MESSY MILLIETICKETS AND INFO: 503.239.6110 ORwww.ornorml.org">http://www.ornorml.org>www.ornorml.orgCRRH is working to regulate and tax the sale of cannabis to adults like alcohol, allow doctors to recommend cannabis through pharmacies and restore the unregulated production of industrial hemp.*Campaign for the Restoration and Regulation of Hemp*
mail:   CRRH ; P.O. Box 86741 ; Portland, OR 97286 USA
email:  crrh crrh.org
phone: (503) 235-4606
fax:    (503) 235-0120
web:   http://www.crrh.org/Its a horrible example Wally Thugczar and D.E.A.th set by criminalizing patients...What example is set by them profiting on criminalizing patients? D.E.A.th does NOT represent Americans!"The horrors experienced by many young inmates, particularly those who are convicted of nonviolent offenses, border on the unimaginable. Prison rape not only threatens the lives of those who fall prey to their aggressors, but it is potentially devastating to the human spirit. Shame, depression, and a shattering loss of self-esteem accompany the perpetual terror the victim thereafter must endure." U.S. Supreme Court Justice Harry A. Blackmun, Farmer v. BrennanSPR - Stop Prisoner Rape http://www.spr.org/Juvenile Justice http://www.hrw.org/children/justice.htmChild Labor http://www.hrw.org/children/labor.htmHuman Rights Watch has documented abominable conditions for children in detention in countries around the world. In the United States (Colorado, Georgia, Louisiana, and Maryland), Pakistan, Jamaica, among other countries, children are subjected to excessive force, inadequate medical and mental health care, and are provided with little or no education. Often, these children are placed in the facilities along side adults, exposing them to physical and sexual abuse.Our American Common Law
http://www.svpvril.com/OACL.htmlU.S. "Drug Czar" John P. Walters"Is a kind of cynical insult to the citizens of this state,"Juvenile Justice http://www.hrw.org/children/justice.htmChild Labor http://www.hrw.org/children/labor.htmPot Use No Higher Among California Kids!
http://www.cannabisnews.com/news/thread206.shtmlKids Can Understand Pot Abuse, Medical Use
http://www.cannabisnews.com/news/thread14284.shtmlAnti-Pot Politics a Disservice To The Ill
http://www.cannabisnews.com/news/thread9754.shtmlThe Electric Emperor
http://www.electricemperor.comIt is proper to take alarm at the first experiment on our liberties. We hold this prudent jealousy to be the first duty of citizens and one of the noblest characteristics of the late Revolution. The freemen of America did not wait till usurped power had strengthened itself by exercise and entangled the question in precedents. They saw all the consequences in the principle, and they avoided the consequences by denying the principle. We revere this lesson too much ... to forget it -- James Madison."Today, we need a nation of Minutemen, citizens who are not only prepared to take arms, but citizens who regard the preservation of freedom as the basic purpose of their daily life and who are willing to consciously work and sacrifice for that freedom."-- John F. Kennedy"They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety." -- Benjamin Franklin, Historical Review of Pennsylvania, 1759."I hold it, that a little rebellion, now and then, is a good thing, and as necessary in the political world as storms in the physical." -- Thomas Jefferson, Letter to James Madison, January 30, 1787"The spirit of resistance to government is so valuable on certain occasions, that I wish it always to be kept alive. It will often be exercised when wrong, but better so than not to be exercised at all. I like a little rebellion now and then. It is like a storm in the Atmosphere.
-- Thomas Jefferson, letter to Abigail Adams, 1787Walters the Terrorist 
http://boards.marihemp.com/boards/politics/media/39/39850.jpgPeace, Love and Liberty in Solidarity or The Murdering Goofy D.E.A.th!...
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.gifThugczar Wally
http://www.cannabinoid.com/boards/politics/media/35/35838.gif
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Comment #6 posted by BGreen on October 24, 2002 at 11:47:15 PT
Jimsonweed (Datura stramonium)
Kids end up in the hospital every year from trying to use jimsonweed to get high. It contains the alkaloids atropine, hyoscyamine, and scopolamine, and is quite deadly. It's not a federally controlled substance, although it grows abundantly in many parts of the USA and has caused death due to ingestion, because it's truly poisonous and not pursued by many recreational users due to its obvious toxicity.We don't have to outlaw poisonous plants because people aren't likely to consume them. Cannabis is not poisonous and should not be outlawed.
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Comment #5 posted by BGreen on October 24, 2002 at 11:30:40 PT
Practicing Medicine Without A License
Can we bring charges against Walters, Hutchinson, McCaffrey et al.?
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Comment #4 posted by FoM on October 24, 2002 at 11:28:39 PT
Question
When did some plants first become illegal? Did Doctor's decide that a few were dangerous and then the laws were created?I doubt it.
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Comment #3 posted by druid on October 24, 2002 at 11:21:43 PT:
BGreen
That's what I was going to ask. The anti's are always saying that the people don't decide what is medicine, science does. So when did the supreme court justices become scientists? 
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Comment #2 posted by BGreen on October 24, 2002 at 11:19:17 PT
Where did they get their medical degrees?
"Even our own U.S. Supreme Court has ruled that there's no medicinal value in marijuana."So what? That's not what they said, but what if it was? They're not qualified to make medical decisions. They're arguably qualified to even make legal decisions.
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Comment #1 posted by Dark Star on October 24, 2002 at 10:52:57 PT
Big Trouble Now
The Feds have once again overreached. This will backfire on them. The good citizens of Oregon are tired of being brow-beaten on issues they have decided for themselves. The DEA misdeeds (picking on 5 foot ladies and quadriplegics) will hasten the end of prohibition.BTW, whenever someone asks to see your plants, tell 'em, "No warrant, no lookee!"
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