cannabisnews.com: McWilliams Pleads Guilty To Felony Pot Charge McWilliams Pleads Guilty To Felony Pot Charge Posted by CN Staff on February 08, 2003 at 09:41:31 PT By Marisa Taylor, Union-Tribune Staff Writer Source: Union Tribune Medical marijuana activist Steve McWilliams pleaded guilty yesterday to a felony pot charge, resolving one of a growing number of cases that have come to symbolize the U.S. government's conflict with California over Proposition 215. McWilliams, 48, admitted in San Diego federal court to growing the 25 marijuana plants that drug enforcement agents seized from his front yard in September. "I take complete responsibility for my actions," he told a federal judge. "I plead guilty." McWilliams' case highlighted the clash between Proposition 215, which allows ill people in California to grow marijuana, and federal drug laws that ban pot cultivation. His guilty plea came just days after the San Diego City Council voted 6-3 to approve guidelines that allow ill people with their doctor's approval to keep as much as one pound of marijuana to ease their symptoms. The guidelines were approved over the objections of Mayor Dick Murphy and Police Chief David Bejarano after a seven-hour public hearing. Immediately after McWilliams' court appearance, the top drug enforcement agent in San Diego said the guilty plea shows that people will continue to be punished for violating federal law despite the conflicting state law. Michael Vigil, the special agent in charge of the Drug Enforcement Administration's San Diego office, said the case "sends a very strong message to those individuals who feel that they have a safe haven under Proposition 215. They're going to have to come to grips with the fact that there is no safe haven." In a written statement, U.S. Attorney Carol Lam echoed the DEA, saying the plea "underscores the fact that marijuana is not recognized as a medicine under federal law and it cannot legally be grown, used or possessed anywhere in the United States." McWilliams, who started smoking pot to relieve pain from injuries he sustained in a 1986 car crash, read a different message from his case. "Authorities want to strike fear in the hearts of ordinary people by going after activists like me," he said. McWilliams, a former member of the task force that pushed for the city's guidelines, is known for having smoked pot on the steps of City Hall. But as one condition of his release after his arrest, McWilliams agreed to stop smoking pot. He is now taking Marinol, a pill designed to simulate the analgesic properties of marijuana, and is undergoing regular drug testing. Vigil would not comment on whether his agency wants McWilliams to serve time in prison. Prosecutors also declined to say what kind of sentence they will recommend. But based on the number of plants he admitted to growing, McWilliams is likely to receive no more than six months in prison. His attorney, David Zugman, said he will ask for probation. As part of the plea agreement, prosecutors agreed to drop a separate felony count against him. If McWilliams had gone to trial and had been convicted of the two felony charges, he would have faced five to 40 years in prison. The plea agreement also allows him to ask the 9th U.S. Circuit Court of Appeals to hear his legal challenge to medical marijuana prosecutions. Usually when a defendant agrees to plead guilty, the government requires that all appeals be dropped. But in an unusual concession to the defense, federal prosecutors will allow McWilliams to continue his appeal. Even if McWilliams doesn't serve prison time, he is likely to be placed on supervised probation for up to three years. The outcome in McWilliams' case contrasts with the results of another federal case against an Oakland medical marijuana activist. Edward Rosenthal went to trial and was convicted by a jury last week of pot growing charges. He now faces up to 85 years in prison. McWilliams will learn his fate at his April 28 sentencing hearing before U.S. District Judge James Fitzgerald. Fitzgerald occasionally travels from his court in Alaska to help San Diego federal judges with their court docket. He was part of a unanimous 1975 Alaska Supreme Court ruling that concluded marijuana was such a relatively harmless substance that the state had no business penalizing adults who wanted to possess it in private. In 1990, Alaskans voted to re-criminalize pot. Two years ago, however, they voted to legalize medical marijuana. Researcher Erin Hobbs contributed to this report. Note: He agrees to stop smoking marijuana.Complete Title: Activist McWilliams Pleads Guilty To Felony Pot Charge Source: San Diego Union Tribune (CA)Author: Marisa Taylor, Union-Tribune Staff Writer Published: February 8, 2003 Copyright: 2003 Union-Tribune Publishing Co.Contact: letters uniontrib.comWebsite: http://www.uniontrib.com/Related Articles & Web Site:Medicinal Cannabis Research Linkshttp://freedomtoexhale.com/research.htmMcWilliams Gives Up Hope for Federal Court http://cannabisnews.com/news/thread15405.shtmlMarijuana Activist Seeks Dismissal of Charges http://cannabisnews.com/news/thread15239.shtmlPolice Raid Home of Medical Marijuana Activist http://cannabisnews.com/news/thread15014.shtml Home Comment Email Register Recent Comments Help Comment #1 posted by FoM on March 05, 2004 at 11:31:29 PT Snipped Source: Update On Steve McWilliams San Diego Case Pits Federal vs. State Laws By Marisa Taylor March 5, 2004 PASADENA – San Diego medical marijuana advocate Steve McWilliams asked a federal appeals court yesterday to throw out his felony drug conviction as unconstitutional. The prosecutors who indicted him argued against dismissal, saying a 1970 federal marijuana law allowed them to prosecute defendants like McWilliams, whom they claim distribute the drug. McWilliams' appearance before a three-member panel of the 9th U.S. Circuit Court of Appeals was the latest round in the battle over whether the U.S. government can pursue marijuana charges against patients in states where medicinal use of pot is legal. The panel could take months to decide. No matter the outcome, an appeal is expected and the case could end up before the U.S. Supreme Court. Despite the passage of medical marijuana initiatives in nine states, the Drug Enforcement Administration has vowed to arrest medical marijuana providers, describing them as common drug dealers. In 2001, the U.S. Supreme Court ruled defendants charged with distribution could not use medical necessity as a defense, bolstering federal prosecution of patients and the people who grow marijuana for them. In December, the 9th Circuit further complicated the dispute by concluding the Constitution's commerce clause prevents federal authorities from prosecuting pot cases if the marijuana is used for medicinal purposes and not intended for distribution. Two Northern California women filed the lawsuit, asking for an injunction that would stop the federal government from filing charges against them. Angel Raich of Oakland suffers from an inoperable brain tumor and relies on marijuana to help her move around and stimulate her appetite. Diane Monson of Oroville has chronic back pain and spasms she says are reduced by smoking marijuana. Yesterday, McWilliams' lawyer, David Zugman, asked the panel to apply the 9th Circuit decision to his client's case and dismiss the charges, saying the federal government should only have jurisdiction over sales or distribution of drugs. McWilliams has maintained he grew marijuana plants in his front yard to relieve pain from injuries he sustained in two vehicle accidents, not to sell to others. Facing up to 40 years in federal prison, McWilliams pleaded guilty in February 2003 to a single felony charge of illegally cultivating about 25 plants on the condition he receive no more than six months in prison. The sentence was deferred, pending the outcome of his appeals. As part of a plea agreement, prosecutors agreed to dismiss a second cultivation charge for growing 448 plants confiscated by police in 1999. In the agreement, McWilliams admitted he distributed the drug to others. His defense attorney said the wording of the agreement was intended to mean he only grew the marijuana for himself and his live-in companion. Assistant U.S. Attorney Timothy Coughlin seized on the admission as proof prosecutors had jurisdiction to indict McWilliams. Federal authorities also have photos of McWilliams handing out the drug two days before his arrest in October 2002. Snipped:Complete Article: http://www.signonsandiego.com/news/metro/20040305-9999-1m5medpot.html [ Post Comment ] Post Comment