cannabisnews.com: Marijuana Activist Sentenced To Prison Marijuana Activist Sentenced To Prison Posted by CN Staff on April 29, 2003 at 10:44:52 PT By Jeff McDonald, Union-Tribune Staff Writer Source: Union Tribune Unswayed by pleas for leniency filed by more than a dozen patients, community leaders and elected officials, U.S. District Judge James Fitzgerald yesterday sentenced medical marijuana activist Steve McWilliams to six months in prison – the maximum allowed under his plea bargain. The longtime marijuana advocate from Normal Heights also was given three years' probation, ordered to seek drug-abuse counseling and told to register as a convicted drug offender. Fitzgerald did not explain his reasoning in imposing the prison term. Each of the sentencing conditions, however, was delayed pending an appeal. "What's really at the base of this case is a conflict between the state of California and federal law," the judge said. "That conflict, I don't believe can be resolved at trial courts. It will have to be resolved at the appellate level." McWilliams, who appeared in federal court wearing slacks, a tan sport coat and silver tie – a sharp deviation from his usual blue jeans and T-shirt – will remain free on bail while his attorneys ask a higher court to overturn the conviction. In the meantime, McWilliams may not use or possess marijuana – a stipulation he says contributes to the severe pain and financial hardship he has experienced since his arrest in October. Over recent months, he says, he has spent tens of thousands of dollars of his mother's money on prescription pain killers and other drug therapies that he said are less effective than marijuana and cause side effects such as constipation, insomnia and migraine headaches. Moments before being sentenced, McWilliams was cut off by the judge during his statement to the court. Neither was he able to show Fitzgerald the awards, framed newspaper reports or the dozens of empty prescription bottles he had brought along. "I was disappointed the judge didn't want to hear anything," McWilliams said outside the federal courthouse. Federal prosecutors said they were satisfied with the sentence imposed by Fitzgerald. "We think (six months) is appropriate given his contacts with law enforcement," Assistant U.S. Attorney Timothy D. Coughlin said. "It's very clear what the law is and federal law makes it illegal to manufacture marijuana." McWilliams, 48, was arrested in October by federal drug agents on charges of cultivation of marijuana, weeks after he handed out samples of the illegal herb in front of San Diego City Hall during one of his many protests. For years, McWilliams has been a high-profile advocate of the medicinal benefits of smoking marijuana. He was given three years' probation after a 1999 state marijuana conviction. He has taught cancer patients and other sick and dying people how to grow plants of their own and how to obtain a doctor's recommendation to use the drug under California's Proposition 215, which permits the medical use of marijuana. McWilliams also was instrumental in prompting the city of San Diego to consider – and later adopt – guidelines under which sick people can cultivate marijuana within the city limits. San Diego is the largest city in the nation to approve such an ordinance in defiance of federal drug laws. McWilliams, who says he suffers chronic pain resulting from a series of car accidents and other ailments, gained the attention of U.S. narcotics officers after staging a series of demonstrations and publicizing his plan to provide marijuana to dying patients. In February, facing up to 40 years in federal prison, he pleaded guilty to a single felony charge of illegally cultivating about two dozen plants, on the condition that he receive no more than six months in prison. "It's just malicious," McWilliams said of the government's case. "They've seen our medical records. They know everything and still they want this." More than 15 people wrote to Fitzgerald before the hearing to urge the judge to show leniency toward McWilliams, including San Diego Councilwoman Toni Atkins and former Councilman George Stevens. "Mr. McWilliams gives a voice to those unable to speak up in support of cancer patients undergoing chemotherapy, AIDS patients combating wasting syndrome and severe migraine sufferers – many of whom benefit from access to medicinal cannabis," Atkins wrote. Defense attorney Patrick Dudley is assisting McWilliams' lead attorney, David Zugman. Zugman had to leave court minutes after sentencing, but Dudley vowed to appeal to the Ninth Circuit U.S. Court of Appeal. "Hopefully, Steve's case will resolve this issue on behalf of medical cannabis users," he said. Note: Judge cites state-federal conflict.Source: San Diego Union Tribune (CA)Author: Jeff McDonald, Union-Tribune Staff Writer Published: April 29, 2003 Copyright: 2003 Union-Tribune Publishing Co.Contact: letters uniontrib.comWebsite: http://www.uniontrib.com/Related Articles & Web Site:Americans for Safe Access http://www.safeaccessnow.org Marijuana Activist Sentenced To Prison http://cannabisnews.com/news/thread16093.shtmlMcWilliams Out on Bail After Federal Charges http://cannabisnews.com/news/thread14437.shtmlPot Garden Uprooted in Raidhttp://cannabisnews.com/news/thread14240.shtmlPot Grower Gets Letter of Warning from DEAhttp://cannabisnews.com/news/thread14191.shtml Home Comment Email Register Recent Comments Help Comment #5 posted by palmspringsbum on April 29, 2003 at 15:36:33 PT: This bears repeating "The drug war, as always, elevates the ignorant and the brutal to positions of power and authority over those who are far more knowledgeable and who seek to improve our lives and culture"And, unfortunately, it cuts BOTH ways - both AGAINST and INSIDE the movement. [ Post Comment ] Comment #4 posted by Lehder on April 29, 2003 at 15:16:43 PT In Contempt of Language >>The longtime marijuana advocate from Normal Heights also was given three years' probation, ordered to seek drug-abuse counseling and told to register as a convicted drug offender. I'll address the words "ordered to seek drug-abuse counseling." Imagine, a government prohibitionist bureaucrat is assigned to instruct Steve McWilliams about the dangers of marijuana. As if McWilliams knew nothing about the effects of the herb. It's as if Albert Einstein were sentenced to attend physics classes in the Fuhrer's Aryan high school to purge his thinking of inferior and corrupted "Jewish physics." The drug war, as always, elevates the ignorant and the brutal to positions of power and authority over those who are far more knowledgeable and who seek to improve our lives and culture. The empowered simpletons - Stalin's "useful idiots" - can only be a drag on human advancement and consciousness, and no society can long prosper as their numbers grow.wrt "convicted drug offender" - Marijuana has a stem, roots, leaves and flowers, and it sure looks like a plant to me. Alcohol is a drug. The war on drugs would not survive for long without propaganda and contempt for the meanings of words. [ Post Comment ] Comment #2 posted by Prime on April 29, 2003 at 14:43:58 PT He plead guilty... Yes it is sad. I'm obviously not aware of all the circumstances, but why didnt he plead not-guilty?I'm shocked they are letting him stay free. He's lucky in my book. How can you appeal a guilty plea? Didnt he basically admit to a crime, which he does not believe he is guilty of, for a reduced sentence?I wish Steve had plead not guilty, he would have been in the same boat as Ed Rosenthal. Free and on the verge of having the whole case thrown out. I know its a risk, but come on, you've been growing in LA for 4 years now. He had to know that this was an eventuallity. And I cant believe the Feds have any desire to start another Rosenthal circus. Steve would have received even more coverage and support. [ Post Comment ] Comment #1 posted by palmspringsbum on April 29, 2003 at 14:04:04 PT: this is so sad The guidelines San Diego passed were a travesty.Guidelines are a red herring...a diversion.Absenct evidence of an actual sale, the authorities, and particularly the California authorities, have no business arresting anyone, and especially med-patients, for sales and intent to sell.It appears McWilliams plea would make him inelgible to be covered by San Diego's guidelines. [ Post Comment ] Post Comment