cannabisnews.com: Search and Seizure 





Search and Seizure 
Posted by CN Staff on November 08, 2002 at 10:19:22 PT
By Caron Alarab, Freelance Reporter
Source: Oregon Daily Emerald 
Ordinarily, Leroy Stubblefield enjoys it when his friends stop by unannounced. As a 54-year-old Vietnam veteran, however, Stubblefield said he was not happy when a "friend" from the Drug Enforcement Agency stopped in without notice -- and without identifying himself -- and seized his state-authorized marijuana plants during a search of his Lebanon ranch in late September.
"I try to lead a very simple life," he said. "It's an ultimate shock." On Sept. 23, during a state investigation of a potentially excessive number of legal plants on the premises, DEA agent Michael Spasaro took 12 plants from Stubblefield's 2.5 acre ranch, eight of which belonged to his two caregivers, fellow veterans and medical marijuana card holders Scott Russell, 46, and Clarence Vandehay, 48. Although the three men were in accordance with state law, which allows up to seven plants per person, Stubblefield said he would not have allowed the members of the Valley Interagency Narcotics Team (VALIANT) to perform the search had he known a federal agent -- enforcing federal laws -- was with them. Spasaro was unable to be reached for comment. Stubblefield, a quadriplegic who has been registered with the Oregon State Health Division as a medical marijuana user since 1999, said he uses marijuana to relieve pain associated with post traumatic stress disorder and to repress sleep apnea, two conditions his doctors say are a result of his combat experience overseas. Marijuana has been a point of contention between states and the U.S. government since the Marihuana Tax Act of 1937. Fighting against federally assisted state searches and for the return of his plants, Stubblefield has teamed up with a Portland attorney and The Hemp and Cannabis Foundation -- or THC -- to file two lawsuits, one state and one federal. "Federal agents do not belong on state searches whatsoever because (ensuring compliance with state law is) an Oregon, not a federal, procedure," he said. "Hopefully, this lawsuit will help to change that." DEA Assistant Special Agent Ken Magee, the Portland official who oversees narcotics enforcement operations in Oregon, said a cooperative agreement between state and federal enforcement in any narcotics investigation is essential to organizing task force arrangements. "Agents have a statutory obligation to enforce the laws passed by the elected officials of this country," he said. "This is not the first time a lawsuit of this kind has been filed." Substance Abuse Prevention Program director Miki Mace teaches a class through SAPP called "The Truth About Marijuana," and said she thinks lawsuits such as Stubblefield's could eventually lead to an accordance between federal and state laws. "I think there has to be a day when they agree, because lawsuits will continue to occur until legislation changes," she said. "If anything, it should give somebody pause as to whether things should remain the same." Stubblefield's attorney, Anne Witte of Portland, said she intends to ask state public health officer Grant Higginson, administrator of the Oregon Medical Marijuana Act, and the American Civil Liberties Union to file a suit with them in federal court. She said she hopes to stop Attorney General John Ashcroft and the DEA from prosecuting medical marijuana patients, many of whom, like her client, are war veterans. At age 18, Stubblefield volunteered to fight in Vietnam. By the age of 20, Stubblefield said he had tried marijuana twice and decided against using it at all, especially while in combat, because he thought it would hinder his ability to function. In 1969, the 21-year-old soldier flew home with a need for sleep and a desire for companionship. Stubblefield went out on the town, driving his parents' car. About a mile from home, he fell asleep at the wheel and broke his neck in a car accident, leaving him a quadriplegic. The Coast Guard gave him an honorable medical discharge for passing out in a state of complacency, casually referred to as a "safe zone" by soldiers and veterans. "I'd say at least 90 percent of vets could benefit mentally and physically from the use of marijuana," Stubblefield said, referring to PTSD-related flashbacks he and other veterans experience, which can be controlled by constant consumption of "downers" like marijuana, he said. Because of marijuana, Stubblefield said he does not have to use as much methadone, a harsher medication previously prescribed for his pain. "I'm proud to be able to help Leroy and others and continue this fight," said THC Executive Director Paul Stanford, founder of the nonprofit pro-marijuana group. After the September seizure, THC gave Stubblefield, Russell and Vandehay seven new plants total and an ounce of marijuana each. Thankful for the support for his case, Stubblefield said he wants people to take a second look at the system. "What good does it do to cast a vote," he said, "when we, as the people, don't get what we vote for?" Note: Veteran Leroy Stubblefield fights to grow medical marijuana plants despite contradictions in state and federal laws.Caron Alarab is a freelance writer for the Emerald. Source: Oregon Daily Emerald (OR)Author: Caron Alarab, Freelance ReporterPublished: November 08, 2002 Copyright: 2002 Oregon Daily EmeraldContact: ode oregon.uoregon.eduWebsite: http://www.dailyemerald.com/ Related Articles & Web Sites:Hemp & Cannabis Foundationhttp://www.thc-foundation.org/OMMP -- Medical Marijuana Programhttp://www.ohd.hr.state.or.us/oaps/mm/ DEA Seizes Marijuana Plants from Permit Holder http://cannabisnews.com/news/thread14621.shtmlFederal Seizure of Marijuana Provokes Lawsuithttp://cannabisnews.com/news/thread14552.shtml
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Comment #14 posted by The GCW on November 11, 2002 at 18:15:42 PT
Poll - in this rag: The Emerald...
Should the DEA seize medical marijuana plants in Oregon?
 
 No - Legalize marijuana use! 
 No - The feds should stay out of state searches 
 Yes - National law supersedes state law 
 Yes - Drugs ruin lives 
 Don't know? 
 Leave me alone! 
  http://www.dailyemerald.com/RESULTS w/ 20 votes: Should the DEA seize medical marijuana plants in Oregon? 
55.0% No - Legalize marijuana use! 15.0% No - The feds should stay out of state searches 20.0% Yes - National law supersedes state law 10.0% Yes - Drugs ruin lives 0.0% Don't know? 0.0% Leave me alone! total votes: 20 
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Comment #13 posted by Patrick on November 09, 2002 at 09:00:14 PT
Search and Seizure ???
A fine example of what is NOT said in mainstream journalism… In late summer, the county's fears exploded when two devastating fires threatened Julian. The Pines fire, which began July 29 when a National Guard helicopter clipped some power lines, became the sixth largest wildfire in San Diego County history. It burned 61,690 acres and destroyed 153 structures, including 37 homes, and 169 vehicles, for a loss of $10 million, forestry spokeswoman Roxanne Provaznik said. The cost for fighting that fire was $24 million. What they failed to mention in this article is that the helicopter was SEARCHING for cannabis plants! Kind of clues you off to how our government can price cannabis at $4000 per pound.The article is more about the fire season here in Southern California and not drug seizures but I thought it interesting the way that little FACT was left out. You can find the article at the following link: http://www.msnbc.com/local/nct/M243990.asp
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Comment #12 posted by Patrick on November 09, 2002 at 08:14:20 PT
Homeland Security Volunteer
The only problem with sneaking inside their organization is that you must first get past the piss test and lie detector probes. However, for the sake of imagination, lets just say thousands of us manage to pass the federal body fluid and rectal scans and quietly infiltrate the ranks of the DEAth machine & Homeland Security Posse and other such para-military population herding and control organizations. I would be the first to admit that I cannot tell a convincing enough lie to pass the electronic fib detecting machine. Especially when they ask such pointed questions as,Have you ever smoked cannabis? YES or NO answers only mister.
Do you read cannabis related literature? Yes or No
Do you swear allegiance to your Ruler el Presidente? Yes or No
Have you ever laughed at the humor of the nefarious dddd? Yes or NoI must admit I would fail this test miserably and have my life, liberty, and happiness confiscated. They would slap cuffs on me again reprimanding me to a federal detention cell for the remainder of my natural life. I am with you DANA on trying to figure out what kind of "test statement" would incite the Homeland Security Patrol to kick in the front door in the same manner the DEAth machine does it for cannabis. Perhaps they wouldn't kick in the door at all. Maybe they might just use precision guided hellfire missiles from unmanned drones to incinerate your car on the way to the grocery store. No mess no fuss. And they can then claim that the car was packed with highly explosive literature on growing cannabis that could threaten the youth of the Fatherland etc. etc.
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Comment #11 posted by goneposthole on November 09, 2002 at 07:25:25 PT
turn it around
Volunteer to be a Homeland Security Officer. It is worth the effort."Cannabists become heart and core of Homeland Security."Come to think of it, cannabists are the heart and core of Homeland Security!
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Comment #10 posted by DANA on November 09, 2002 at 06:28:51 PT
..if ya ask me,,MAYAN is Right On!!!
..."...I believe that when the Homeland Security bill passes, all current state laws will be null & void. All drug users & anyone
      questioning the state will be found guilty of aiding & abetting terrorists. It may soon be time to go even further
      underground. God help this country."..Time to pretend we are normal..Watch Out,,because there is almost NOTHING left,that you can be found innocent of!...Everything we say can be labelled a "threat",to homeland security.....If ya wanna stay out of trouble,,well all ya gotta do,is pretend you're a republican,,,tell 'em you were just pretending to be a dissenting radical type person,,,...IN FACT,,,come to think of it,,,, One of the only hopes we have to infiltrate,and destroy the empire,,is to be fake republicans,and secretly plant ourselves within certain organizations,and pretend that we admire the shrub.......on a more serious note,,,I often wonder how much one would need to say to get a visit from the homeland security guys?...I mean,,as far as being monitored,,,I consider that a done deal,,I have often been tempted to try a "test statement",to see if I couldnt get them cyber homeland security guys to drop on by my shack!...I'd invite them in for coffee...too bad I'm outa weed....weed is better than coffee,,,but coffee is pretty good if you cant get weed!
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Comment #9 posted by Toker00 on November 09, 2002 at 06:02:05 PT
I agree, FoM.
What WOULD make someone want this stuff? Or huff paint? Lighter fluid? I've even heard of people drinking rubbing ALCOHOL. Remember PAM? All these things are man-made poisons. Says so on the containers. I understand the natural human need to alter consciousness, or transend the spirit, but this kind of stuff, I donno. Maybe the Anti's concocted it, and swear it's our demon. Cia/Crack connection? Of course, they may claim it's the Cannabis that makes it all work.God said, here are some herbs to use for your mind and spirit, and body. Fascist demons say, use our chemicals that make your trinity die, and pay us your slave wages for life, however short we make it.Cannabis IS the plant of reknown. It will heal ALL nations. God's wisdom will prevail. Have Faith.Peace. Realize, then Re-Legalize. 
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Comment #8 posted by FoM on November 08, 2002 at 22:23:01 PT
CorvallisEric
Thanks for the link. I don't have any idea why a drug like they are talking about would even be popular. 
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Comment #7 posted by CorvallisEric on November 08, 2002 at 22:13:19 PT
FoM: CNN report (comment 4)
I'll be interested to hear how much of the effect they blame on MJ and whether they discuss the black market as a cause of people consuming things they know nothing about. Scholarly paper on this phenomenon, published in 1998:http://www.inch.com/~jholland/julie/illie.htm
Dr. Julie Holland's website
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Comment #6 posted by p4me on November 08, 2002 at 19:52:57 PT
Remember Bill Moyers and NOW
There is very little on television that interest me anymore and even my favorite shows only make about 20 or 25 episodes a year. The only thing on all day of interest to me has been Bill Moyers and his NOW program. It was another great exhibition of journalism when held to the work of all the media giants and their pundents. I would like to put up the link to Bill Moyer's personal commentary that is up at PBS.org: http://www.pbs.org/now/commentary/moyers15.htmlThe first part of the show had Moyer's and a reporter born in Ireland and a noted elderly historian at the table and the most common two syllable word used was empire. It was great and introduced some poinant terms like the immaculate invasion. The second segment was on Wal-Mart and the issue of employment practices regarding unions and having employees work off the clock, which had its own insights.The third segment was with the editor of Harpers magazine who is another person of intellectual gift that had enough age on him to have a seasoned opinion on what is going on. I will try to go through the tape of the first and third segments and highlight the important points. The Harper's editor talked of the oligrchy from the start and a word I favor in lieu of the upper 1%. he said both parties cater to the same masters and there is not much difference. He said the Democrats accept the tax cuts and act Republican-like, and the voters said if there is no difference why not take the real thing. He said at least the Republicans have a religious-type zeal to them.I really recommend reading Bill Moyers' commentary at the above link. If I could have only seen one show all week this would be the one I would not have wanted to miss. It is an example of what real and open discussion is about. It is unfortunate that it is so lonely in a class by itself.1
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Comment #5 posted by mayan on November 08, 2002 at 18:26:24 PT
Further Underground...
"Federal agents do not belong on state searches whatsoever because (ensuring compliance with state law is) an Oregon, not a federal, procedure," he said. "Hopefully, this lawsuit will help to change that."I believe that when the Homeland Security bill passes, all current state laws will be null & void. All drug users & anyone questioning the state will be found guilty of aiding & abetting terrorists. It may soon be time to go even further underground. God help this country.U.N. adopts new Iraq resolution:
http://www.fortwayne.com/mld/fortwayne/news/local/4468854.htmDiebold - The face of modern ballot tampering:     
http://www.bartcop.com/110702otter.htmUS Election Vote Fixing Reports Hit The Mainstream:
http://www.scoop.co.nz/mason/stories/HL0211/S00049.htmA GOVERNMENT HIJACKED: 
http://members.shaw.ca/rbham/print%20thinks/currentprint.htmOn the 2002 Midterm Elections...by Michael C. Ruppert:
http://www.fromthewilderness.com/free/ww3/110602_elections.htmlThe People's Investigation of 9/11:
http://www.911pi.com/
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Comment #4 posted by FoM on November 08, 2002 at 17:57:58 PT
Upcoming Event: CNN Presents: Fried - Sunday, 8 pm
CNN Presents: Fried - Sunday, 8 p.m., 11 p.m. & Monday, 2 a.m.It goes by many names: fry, wet, dust and illy, to name just a few. In rough inner cities and upscale suburbs, dealers pitch it as the new drug -- a potent combination of embalming fluid, tobacco, marijuana and mint leaves. But they sometimes don't mention its most dangerous ingredient -- Phenyl Cyclohexyl Piperidine, or PCP, a chemical developed as an anesthetic but banned in the 1960s because its side effects were so terrible. Smoking this strange concoction leads to a tendency to strip naked in public, develop chronic schizophrenia, even explode into fits of homicidal rage. Use is soaring nationwide, with PCP-related emergency room admissions nationwide up 80 percent in two years. Correspondent Serena Altschul went to find out who is using this drug and what happens when they do in the CNN Presents documentary, "Fried." Chasing the highOn the hardscrabble streets of New Haven, Connecticut, "dust," as it's known here, is popular and relatively easy to find. For $20, a person can stay high for two hours on a strong, stinking blend containing some 36 chemicals, including PCP, embalming fluid (full of formaldehyde), sometimes rocket fuel, according to users. The drug causes numbness from head to toe, as well as dizziness and blurred vision. Even its most die-hard users advise against making it a habit, saying that doing so leads to a relentless, fruitless cycle of chasing the high they got the first time they smoked the drug. Direct Link: http://www.cnn.com/CNN/Programs/presents/
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Comment #3 posted by goneposthole on November 08, 2002 at 16:00:56 PT
There's no place like home
be it ever so humble.Steal everything from everybody.If it's legal, you will have a profitable going concern.The gov has a right to your life. Don't believe me? Disregard your induction notice and find out what will happen.The cannabis was planted and cared for by the growers but did not belong to them. It belongs to the gov. They will use it to further their nefarious actsActions speak louder than words.. 
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Comment #2 posted by CorvallisEric on November 08, 2002 at 13:06:08 PT
VALIANT
I live in this area, voted against a local tax levy because it included continuing participation in VALIANT. Also voted against the mayor because she mentioned VALIANT in her advertising supporting the tax increase. She's down by 14 votes (still counting).
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Comment #1 posted by krutch on November 08, 2002 at 12:50:19 PT:
Isn't the DEA wonderful
Busy protecting us from quadriplegic war veterans who use medical marijuana. We should remember how the government has decided to spend our tax money the next time real criminals attack us. 
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