cannabisnews.com: Up In Smoke





Up In Smoke
Posted by CN Staff on June 28, 2003 at 20:32:53 PT
By Dean Kuipers 
Source: Ventura County Reporter 
Lynn and Judy Osburn were preparing for a day of working with their horses on September 28, 2001, when they heard the deep thump of a helicopter suddenly shattering the silence of the Ozena Valley. A line of 15 unmarked SUVs and one Ventura County Sheriff’s car pulled up to their horse gate as their four dogs exploded in furious barking and horses scattered through the sage scrub in a panic.The Osburns knew instantly what was going down. Every county and federal official from Ventura to downtown L.A. knew they grew marijuana; the Osburns had met with them and discussed it openly.
Somewhere on the property was allegedly a field of 270 tall, stinky plants about ready to harvest. Lynn, 53, and Judy, 50, gathered themselves, then stepped out of the cabin-style home they’d built themselves and into the brilliant mountain light, hands high so no one would have any reason to shoot.“Their lead investigator told us they didn’t want to be there,” says Lynn, sitting at his kitchen table. “They had argued for a long time with their superiors that this wasn’t what they should be doing. They were very apologetic. It was a very strange occasion.”Under California state law, the Osburns’ bumper weed crop was perfectly legal. They were the state-approved growers for the Los Angeles Cannabis Resource Center (LACRC), a West Hollywood medical marijuana co-op operating legally under Prop 215, the Compassionate Use Act of 1996, which legalizes the use of pot as physician-prescribed medicine. The dope cultivated by the Osburns would relieve the symptoms of 960 registered patients in L.A., who used it to treat the wasting associated with AIDS, chemotherapy nausea, chronic pain and glaucoma, among other conditions.But the agents who poured out of these vehicles, some dressed in camouflage and many wearing ski masks, weren’t bound by state law. They were mostly L.A.-based agents of the US Drug Enforcement Administration (DEA). Under the federal Controlled Substances Act, pot is a Schedule 1 narcotic, which is defined as having “no medicinal use.” Therefore, in the Twilight Zone that is the federal bureaucracy, medical marijuana doesn’t exist. They had a warrant from the US Attorney’s office in L.A.Since 2001, the Bush Administration—U.S. Attorney General John Ashcroft, Drug Czar John Walters and ex-DEA director Asa Hutchinson, in particular—have openly defied the sovereignty of California voters by raiding pot co-ops and making selective arrests of 40 medical pot users and growers. They have gone after the highest-profile individuals, including many who worked to pass the original ballot initiative. Some have been sent up on federal prison sentences as long as 10 years. The Osburns were just such a catch: they had been the key organizers of Prop 215 support in Ventura County.“This is their strategy, and I think it’s backfiring,” says Hilary McQuie of Americans for Safe Access, a pro-medical marijuana group. “Every one of these cases is demoralizing to the DEA, and builds up public sentiment against them.”This new crackdown, which has isolated the DEA from local cops and splintered local drug task forces across the state, has now made pot into a conservative issue. President Bush, who campaigned on a pro-states’ rights agenda concerning potentially racist matters like flying the Confederate flag over the South Carolina statehouse, or local environmental control, has reversed his tack and increased federal power in order to fight voter-approved marijuana. Medical pot is legal in some form in nine states, but only California activists have been the victims of the administration’s moral agenda.The states’ rights implications of this assault have now greatly overshadowed Ashcroft’s constant crowing about the need to be strong in the twin wars against drugs and terrorism. An unlikely coalition of staunch conservatives and outraged liberals have backed new legislation in Congress to address this conflict: House Representatives Ron Paul [R-TX] and Dana Rohrabacher [R-CA] are actively supporting Representative Barney Frank’s newly-renamed States’ Rights to Medical Marijuana Act (HR2233), a version of pro-medical pot legislation that Frank has introduced every year since the early 1980s. It has never even moved to committee, much less to a vote, but the states’ rights conflict gives new urgency to the bill, now with 21 sponsors, which seeks to re-schedule marijuana to include medical use in the U.S. Controlled Substances Act.“Do states have the right to set their own policies regulating medical marijuana? For those who still believe states have rights under the Ninth and Tenth amendments, the answer is clearly yes,” Paul said in a statement. “For too long the federal government has used the ‘War on Drugs’ as justification for pre-empting more and more state criminal and regulatory laws.”Special Agent Richard Meyer, spokesman for the DEA in San Francisco, says he welcomes some kind of reconciliation of the legal impasse. “We are all for that. We hope there is some type of agreement,” he says. “In the meantime, we have to enforce the laws of the land.”It would be over a year before any charges would be filed against the Osburns. But in the fall of 2002, they were busted again for allegedly growing 35 plants for medical use. This time L.A.-based U.S. Attorney Patrick Fitzgerald threw the book at them, prosecuting for both raids. Their case goes to trial this fall, where a conviction could mean 40 years in prison, and possibly the forfeiture of their 60-acre ranch.They’re hoping to go all the way to the U.S. Supreme Court and settle this matter once and for all: are states truly free to make their own law and police their own population, as the constitution clearly guarantees? Or does this power rest in the hands of a few appointed federal chiefs who set the nation’s moral agenda?“We think the DEA will keep going after these cases as long as they are ordered to from Washington DC, and as long as they get convictions,” the couple wrote via email from their home. So why not go to court and argue that they were operating legally under state law? This raises an infuriating consequence of the federal refusal to accept medical pot: under a May 2001 U.S. Supreme Court ruling, no mention of Prop 215, medical use of pot, or what is called a “medical necessity” defense is allowed in federal cases such as that of the Osburns. This makes medical marijuana users and growers sitting ducks, as prosecutors use their openness in complying with state laws against them—producing their weed, plants, prescriptions, medical records and distribution documents as irrefutable proof of guilt. Juries are forced to convict, even when it goes against their conscience.U.S. District Court Judge Charles Breyer was among the first to apply the ruling during the early 2002 trial of weed guru and popular High Times columnist Ed Rosenthal, who was growing marijuana as an officer of the city of Oakland, California. Breyer expressly forbade Rosenthal’s attorneys to present medical marijuana information to the jurors in any way, and interviewed 80 potential jurors before finding a dozen who knew nothing about Proposition 215. Rosenthal was convicted, but jurors were in an uproar about not being told the whole truth about the case. Their angry response to the court caused Breyer to waive Rosenthal’s sentence, though his conviction stands.Similar cases have spawned another new piece of legislation that is crossing party lines to protect states’ rights. The Truth in Trials Act (HR1717), introduced into congress by Rohrabacher and Sam Farr (D-CA), would allow for the inclusion of information about Prop 215 and medical marijuana into federal trials. Lynn and Judy Osburn hope it comes up for a vote in time to affect their case, but Judge A. Howard Matz, who is presiding, has already announced that he is observing the “no-215” restrictions.California Attorney General Bill Lockyer originally voted for 215 because he felt it was humane policy, but his mandate under the proposition puts him in a clash with the feds. After a 2002 Santa Cruz bust of an organization regarded as the most refined model for medical marijuana distribution in the state, Lockyer fired off a terse letter to then-DEA chief Asa Hutchinson.Calling the raids “harassment,” Lockyer went on to deliver a complaint that still echoes the frustrations of many in the state and congress: “While I am acutely aware that federal law conflicts with California’s on this subject and needs to be reconciled, surely an Administration with a proper sense of balance, proportion and respect for states’ rights could and should reconsider the DEA’s policy and redirect its resources to concentrate fully on the priorities we share: the destruction of criminal narcotics organizations, the interruption of commerce in drugs far more dangerous than marijuana, and choking the flow of drug money to terrorists.”The Osburns’ lawyer, William Panzer, feels his clients will lose their case, but they’re leaning into the appeal. “So far, every judge in the federal system in this state has toed the Breyer line,” says Lynn. “As long as no one gets a defense, it gets very hard for the jury to acquit. And they continue to terrorize sick people who should be protected under state law. Because the United States Supreme Court has not declared Prop 215 unconstitutional at all.” Note: Ventura couple gets burned in crossfire between state and federal medical marijuana laws.Source: Ventura County Reporter (CA)Author: Dean Kuipers Published: Saturday, June 28, 2003Copyright: 2003 Southland Publishing, Inc.Contact: editor vcreporter.comWebsite: http://www.vcreporter.com/DL: http://www.vcreporter.com/news.htm Related Articles & Web Site:Medicinal Cannabis Research Linkshttp://freedomtoexhale.com/research.htmPot Advocates Face Up to 40 Yearshttp://cannabisnews.com/news/thread14175.shtmlLockwood Valley Couple Arrested for Growing http://cannabisnews.com/news/thread13758.shtml
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Comment #10 posted by global_warming on June 29, 2003 at 17:30:47 PT:
Wannabe Nazi's
...Special Agent Richard Meyer, spokesman for the DEA in San Francisco, says he welcomes some kind of reconciliation of the legal impasse. “We are all for that. We hope there is some type of agreement,” he says. “In the meantime, we have to enforce the laws of the land.”...Mr. Dickey, be assured, that there is a dark place that you will reside in, when you meet your final moments..I wish that Lynn and Judy Osburn find justice, like Rosenthal..It is certain that whatever the United States of America was intended to develope historically, it has taken a dark turn, and has become much like the Russia that we hate so..In America we incarcerate more people than any other country, we have more laws, that make more and more people criminals..America has become the dreaded 1984, the Big Brother Picture, ..If we dare to question the "state", If we dare look at the injustice, we feel guilty, we are open to sanction, prison and death..How has this world become so ugly and destructive, what has taken hold of the common man, that he is so impotent, so frightened, afraid to voice an opinion,..Our historians have determined that civilization began some 7000 years ago, it has been 2003 years since the crucifixion of Jesus, a mere 207 years since the American Revolution, a revolution that was intended to create and start a new world, free from the fetters that the old world had, old world controls were ended with the shot that was heard around the world.Are we so helpless? Are we so blind, that we allow this madness to continue?Remember, there is no Canada, no US, no Iraq-without people, we are the people, our countries exist because we are people, people that buy and sell, people that vote, people that need basic standards of existance, ..We have to ignore the corruption that seeks to embrace us all, for the corruption requires a chain, like the gangs that form to control streets and communities, government has taken to similar practices, the legal mafia that the government represents will come to an end, for common man will see, common man will choose a new and proper future, a future that will free the oppressed..gw
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Comment #9 posted by FoM on June 29, 2003 at 14:12:45 PT
Article from LA City Beat
Burnt: Medical Use of Marijuana Has Been Legal in California Since 1996: http://www.lacitybeat.com/article.php?id=62
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Comment #8 posted by charmed quark on June 29, 2003 at 12:39:32 PT
nullification
I think people should advertise this to jurors in California. Nearly everyone supports medical use. So even if you are a jury member who thinks jail is OK for a non-medical user, since the prosecution might be hiding the fact that it is really medical use, you should acquit unless evidence is given to convince you otherwise. Since support for medical use is very high all over the US, nullification should be the default for jurors in all the states.
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Comment #7 posted by Anna Barrett on June 29, 2003 at 11:23:46 PT:
jury nullification
In our case the United states attornyes office is asking that no mention of jury nullification be allowed. Seems like the more we speak common sense the more they try to prosecute harder. Though the motion has not been granted yet it is frightful.  Good luck again Lynn and Judy . 
 
trichome
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Comment #6 posted by Truth on June 29, 2003 at 09:43:49 PT
Do not vote republican, please.
I second that
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Comment #5 posted by Rainbow on June 29, 2003 at 08:14:22 PT
Persecutions
I presented an intention in church today that we pray for the sick who are persecuted by our government. Sorry I am catholic.For those who are religious in any way, we need to try the power of prayer.As well tell bushette that we are praying against his prayer that medical cannabis will go away and he will gain strength to persecute others. www.whitehouse.govDo not vote republican, please.Rainbow
http://www.whitehouse.gov
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Comment #4 posted by charmed quark on June 29, 2003 at 07:01:56 PT
Hurting patient registration
One of the negative impacts of the DEA targeting medical cooperatives and users is that some west coast patients are afraid to sign up with the registries. They are afraid the feds will sinply use the list to go after patients.One thing I've wondered about is what would happen if you held a federal job in California and were a legal medical user. If the DEA got hold of the registry, would you lose your federal job? And what about drug testing?The actions of the DEA are certainly backfiring. I wonder how Ashcroft and the DEA can be so stupid. I think his arrogance and self-righteousness are such that they blind him to the impact. Or maybe its all that Crisco he annointed himself with. I've always wondered if he used the hydrogenated kind, sort of smearing artificial lard into his hair.-Pete
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Comment #3 posted by cloud7 on June 28, 2003 at 22:04:57 PT
Why not?
"So why not go to court and argue that they were operating legally under state law?"Well, basically because the bill of rights has become a historical artifact suitable only for the federal government to use as bathroom tissue. The very question raises the issue of what there is even the unconstitutional agency, DEAth. Lucky for Big Gov, the war on plants is so entrenched in the consciousness of the sheeple that everyone sees this as just a necessary step the government "had" to take to combat the "menace" of farmers who grow plants that were not approved for human cultivation by a regulatory agency. This war has gone on for too long and as usual Im keeping my hopes numbed, but Canada has so much power right now to influence future policies. If Canada is a success story, this could be a return to freedom for the states and in more ways than just the sensible policies concerning plants. Giving that much power back to the people would be significant. If Canada fails, I think coming that close and losing will set the cause back significantly. I dont want to think about it too much, there is too much riding on it.
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Comment #2 posted by afterburner on June 28, 2003 at 21:40:59 PT:
Jury Nullification.
All loyal citizens of California should nullify every case of cannabis cultivation and/or trafficking until the federal government recognizes California's states rights to control medical treatment. If a few drug dealers are accidentally set free, less harm will be done to the citizens of California than to the thousands of medical cannabis patients and their providers through the insane federal usurpation of Unconstitutional power. ego transcendence follows ego destruction, ignore it at your own peril. 
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Comment #1 posted by Anna Barrett on June 28, 2003 at 21:22:19 PT:
federal charges state plea
Goodluck to the Osburn's for I see them and sigh yesterday drove to the office of the federal public deffenders office to turn in a declaration basically stating I did have cannabis but in compliance with a court agreement that I am still under the federal PD handed My husband Gary something he called a pre-emptive strike which is a motion filed by the ausa to supree any mention of our court orders plea agreement probation conditions or 215 at all our med conditions ect we are still able to respond but the battle is only just begun and am scared our trial is set for aug hope for the best for Lynn and Judy intentionally being misled by trusted officials is wrong on so many levels it is amazing
Anna 
trichome
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