—22— O’Shaughnessy’s • Spring 2005 Activists’ Cases Riding on Raich and Booker

By Ann Harrison The U.S. Supreme Court decision in Ashcroft v. Raich will have far-ranging consequences for medical pa- tients, caregivers, growers and dispen- sary operators fighting federal marijuana charges. Directly at stake are the homes, the businesses and the freedom of at least 30 defendants. Their cases were put on hold following a December 2003 ruling by the 9th U.S. Circuit Court of Appeals entitling Diane Monson and Angel Raich and her caregivers to use and cultivate marijuana under law. The 9th Circuit injunction —which the Bush Administration challenged in Bryan Epis with daughter Ashley (above) after his release from month sentence before being allowed out on bail. While Epis was the U.S. Supreme Court— applies in the federal penitentiary at Lompoc in August 2004, pending the incarcerated, supporters publicized his plight on billboards in Cali- eight western states that have medical outcome of the Raich case. Epis had served 30 months of a 53- fornia. marijuana laws. The injunction has had an indirect The Blakely and Booker decisions sated for ninety-five percent of his grow, nabis Buyers Club. The three cases have effect, too, according to Attorney Omar could change the lives of 64,000 people and did not receive payment for the re- been bundled together as a single case, Figueroa, who says he is seeing differ- sentenced in federal court each year. maining five percent. All of the medical but they have different implications for ent enforcement practices in federal Ninety-seven percent of federal defen- cannabis that he grew was used inside the dispensaries involved. court districts in California. In the North- dants plead guilty to avoid a jury trial the state of California, says Epis. But the The Marin Alliance For Medical ern District, from Santa Cruz to the Or- that could result in longer sentences. As jury in his case was not allowed to hear Marijuana in Fairfax was slapped with a egon border, says Figueroa, federal pros- a result, federal prosecutors often deter- that he was growing for patients. federal injunction in 1998 prohibiting ecutors appear to be taking a wait-and- mined the length of the sentence which “If they restated the sentence under founder Lynnette Shaw from distribut- see approach, holding off on new medi- judges were bound by the guidelines to the current set of facts with new guide- ing marijuana. The injunction arose from cal marijuana prosecutions until Raich follow. lines, we can go to trial and win,” said a civil lawsuit in which the government is decided. Epis. “The 9th Circuit can drop the con- sued six medical marijuana dispensaries, But in the Eastern District, from Yolo The Booker decision could spiracy charge to grow 1,000 plants, and three of which have since closed. County east to Nevada, which includes have a significant impact on I could get nine months at most with a Shaw disputed the government’s Sacramento, Figueroa says the attitude drug treatment program.” claim that it had jurisdiction over her dis- is, “if you grow any marijuana we will cases be- According to Epis, the U.S. Sentenc- pensary based on the Interstate Com- arrest you and we’ll see what happens cause judges can give reduced ing guidelines before the Booker deci- merce Clause. She ignored the injunc- with the Raich case. If the Supreme sentences to people who are sion prevented him from receiving a tion and continued to defiantly distrib- Court puts a stop on it fine, but we’ll “safety-valve” exception to the manda- ute medical cannabis. “We have noth- still prosecute.” clearly patients. tory minimum sentences. Now the jury, ing to do with interstate commerce,” says Recent sentencing decisions from the not the judge, decides what kind of sen- Shaw. “Our business reduces interstate Supreme Court could also impact many It is unclear how judges will use their tencing enhancements apply to his case. commerce be- of the federal cases awaiting the Raich expanded discretion to make sentencing “Even if Raich loses,” says Epis, “Un- cause we use decision. The Supreme Court’s decision decisions. Medical marijuana defendants der Booker, the jury has to find beyond locally grown last June in Blakely v Washington held may reap the benefit of judges’ recog- reasonable doubt that I forced these medical mari- that federal sentencing guidelines vio- nizing their status as patients and people to let me grow for them.” juana for local lated a defendant’s right to a jury trial. caregivers. But most legal scholars pre- patients and The court ruled that juries, not judges, dict that judges will not make dramatic Keith Alden reduce de- should weigh the facts that could in- departures from the guidelines. Keith Alden could also be sent back mand for the crease a defendant’s prison sentence un- Defense specialist Laurence Lichter to prison if the Raich injunction gets commercial Lynnette Shaw testify- der federal guidelines. The decision expects the lasting impact of the deci- overturned. Alden, who lives in Windsor market.” ing at the Institute of struck down a state sentencing system sion in the Raich case will be limited to in Sonoma County, is fighting three con- Shaw says Medicine hearing in that gave judges too much power in sen- non-commercial medical marijuana victions including a 2002 conviction for her dispensary Irvine, April, 1998 tencing. transactions. “Most of our clients don’t cultivating 755 marijuana plants for sev- is supported by the town, the county and The justices have confirmed this logic do it for free,” Lichter observes, “and eral medical cannabis dispensaries. He the local DA. But if the government wins in the U.S. v Booker decision and the U.S. the feds can draw a line between people served 20 months of his 44-month fed- the Raich case, the dispensary has a sud- v Fanfan decision, which found that fed- who do it for free and those who don’t.” eral sentence before being released in den death provision in their agreement eral defendants were also entitled to jury Several defendants whose cases April 2004. His sentence is currently on with Fairfax. This allows the town to judgments. Justice Stephen Breyer wrote straddle the line between commercial appeal in front of the 9th Circuit pend- immediately close the dispensary due to that the federal sentencing system was and non-commercial have been released ing the outcome of Raich. an indemnity clause in the permit that broken because it forced judges to be from prison pending the outcome of the “The only thing that the government removes them from liability. “They can driven by sentencing guidelines. The Raich case. Others hope the Raich rul- could argue in my appeal is that I was at and will yank the permit and close the justices retained the guidelines for judges ing will uphold their states-rights argu- a distribution level,” said Alden. “I was club immediately which would be a to use as voluntary advisories. ments and help shield them from having only convicted of cultivation, the jury medical disaster,” says Shaw who notes Blakely found that power should be to attend a federal sentencing hearing. would not find any number of plants.” that the dispensary serves 900 patients a shifted from judges to juries; Booker The roster of individuals currently in Alden says the Raich case helped fo- month and has registered over 2,700 granted judges more power to act out- limbo reads like a Who’s Who of activ- cus public attention on cases like his. But members. side the compulsary guidelines. ists who made Prop 215 a reality. he says supporters of the Raich case Shaw says she has an emergency con- should now focus their attention on sup- tingency plan, but she would not be able Bryan Epis porting defendants appearing in local to distribute medical marijuana for the A government victory in Raich could courts to fight federal marijuana charges. rest of her life. send back to prison two California medi- “The attorneys are all done now, but we “If they decide that the drug war is cal cannabis growers, Bryan Epis and the people are not done and we will al- more important than state’s rights and Keith Alden, who were released pend- ways maintain the right to petition and close the clubs, it will be a human disas- ing the Supreme Court ruling. Bryan be heard and now is our time to step up,” ter that will empower the gangsters, the Epis was sprung from his 10-year man- said Alden. “We the people will put the thieves and the illegal drug market which datory federal drug sentence in August. pressure on, there is very little that the is guaranteed employment for the narcs,” He had been arrested in June 1997 for attorneys can do.” says Shaw. “They are all for it.” growing medical cannabis for four medi- cal marijuana patients in Chico. It took Marin Alliance Oakland CBC the government five years to convict For Medical Marijuana The Oakland Cannabis Buyers’ Co- NINTH CIRCUIT’S JURISDICTION him. Epis has completed 30 months of The decision in the Raich case will operative has the longest and most extends to eight states that have legal- his 53-month sentence. also affect three California medical can- tangled legal history of any dispensary ized cannabis for medical use —Alaska, nabis dispensaries with cases in the 9th in the nation —and is the only one to Hawaii, Washington, Oregon, Califor- If the Supreme Court finds in favor nia, Montana, Arizona, and Nevada— of Raich, Epis says he will get a new Circuit: the Oakland Cannabis Buyers’ have taken its case to the Supreme Court. and one that hasn’t voted on the ques- trial. The facts of his case fit Raich be- Cooperative, the Marin Alliance for In January 1998, the U.S. government tion, Idaho. cause Epis says he was never compen- Medical Marijuana, and the Ukiah Can- sued the OCBC charging that their cul- continued on next page O’Shaughnessy’s • Spring 2005 —23—

Cases Riding on Raich from previous page tivation and distribution of medical can- December 2002 and is on appeal. neighbor’s property saw the plants and nabis was illegal under the Controlled Ukiah Cannabis Buyers Club Undeterred, the collective and Santa called Tehama County Sheriff’s Depart- Substances Act. The government The federal government’s civil action Cruz city and county officials sued in ment. The deputies raided the green- charged OCBC with dispensing mari- against the Ukiah Cannabis Buyers Club April of 2002. County of Santa Cruz et house in the fall of 2003, arresting both juana without a federal permit, posses- took place in 1997 six months after the al. v. Ashcroft challenged the federal Davidson and Blake on state charges. sion and distribution of marijuana, and passage of Prop. 215. Federal agents government’s authority to conduct medi- Assuming he was protected under furnishing an address for these activities. showed up at the club with a temporary cal marijuana raids and focused on the state law, Davidson told police about his Federal prosecutors asked the District injunction for the three directors, Marvin constitutional rights of patients to con- second grow in Oakland which was sub- Court for a preliminary injunction Lehrman, Millie Lehrman and Cherrie trol the circumstances of their own pain sequently raided. Figueroa says at least against the cooperative and in May 1998, Lovett who has since passed away. relief, and ultimately their deaths. The 1,000 plants were seized in the raids, all the court complied. OCBC was found in According to Millie Lehrman, the collective also has a due process case of which were clones or cuttings with contempt of the injunction and the court injunction was appealed and San Fran- against the government. no rootballs. granted the government’s motion to ex- cisco Federal District Court Judge In August 2003, Judge Jeremy Fogel Lured into the judge’s chambers to clude the medical necessity defense from Charles Breyer granted the government denied WAMM’s motion for preliminary discuss motions for return of property contempt proceedings. a permanent injunction. injunction. When ask to reconsider in and expected dismissal of the charges, In October 1998, the court denied The case was sent back to the 9th light of the 9th Circuit’s decision in the Figueroa and Greenberger were in- OCBC’s request to modify the injunc- Circuit where a decision has been de- Raich case, Fogel reversed himself. In formed by D.A. Lynne Strom that their tion to allow them to continue distribut- layed pending the Raich case. Like the April 2004, Fogel issued a landmark rul- clients had just been re-arrested by fed- ing cannabis. Oakland Cannabis Buyers’ Cooperative, ing granting WAMM’s request for a pre- eral agents in the courtroom. Taken into But the 9th Circuit found that the Dis- the Ukiah dispensary has stopped dis- liminary injunction allowing the collec- custody by local law enforcement cross- trict Court had the power to modify the tributing medical cannabis. It serves as tive to resume cultivation and distribu- designated by the DEA, Davidson asked injunction. In July 2000, the District an information center, sells cannabis re- tion of medical cannabis. This marked to see his lawyer and was told by sheriff Court finally granted the revision allow- lated products, and issues patient ID the first time a federal trial court judge Eric Clay that he no longer had one. ing OCBC to distribute to patients whose cards for the County of Mendocino. had enjoined law enforcement from en- In January 2004, Davidson and Blake use of cannabis was a matter of medical Millie Lehrman also consults with medi- forcing federal laws against marijuana were slapped with federal charges of necessity. cal marijuana patients in her capacity as cultivation, possession and use. conspiring to manufacture over 1,000 Then the government filed a stay of a pharmacist at the Willits hospital. The Raich case will have a strong in- marijuana plants and conspiring to pos- this order with the 9th Circuit, and ap- “If Raich wins it would be favorable fluence on the WAMM injunction be- sess with intent to distribute. They were pealed the decision to the Supreme to our case because we could get the in- cause it is based on almost the exact same both released on signature bond secured Court. junction removed and we could start dis- arguments. Santa Clara University law by Davidson’s property. In May 2001, the Supreme Court tributing medical cannabis again. It has Professor Gerald Uelmen, who repre- Figueroa says he has filed motions to ruled that medical necessity was not a given a lot of people hope” said sented WAMM, noted that their injunc- dismiss the charges based on 9th and defense for the cultivation and distribu- Lehrman, whose dispensary serves tion took the Raich case a step forward 10th Amendment arguments, on a tion of cannabis, but it did not tackle the around 400 patients. establishing that there was no difference patient’s constitutional right to alleviate constitutional issues of due process or Lehrman said a favorable ruling between a single patient growing their suffering, and on a Commerce Clause the federal government’s ability to regu- might also help dispensaries ease fears own medicine and a collective group argument. All motions were denied with- lated the in-state use of cannabis under of forfeiture which prevents many land- assisting each other to achieve the same out an evidentiary hearing. the Commerce Clause. lords from renting to them. She noted purpose. “We’ve been putting off the case to In 2002, the OCBC was handed a that the Ukiah dispensary is located in If the Raich defendants win, Mike see what the Supreme Court will do in summary judgment by District Court the Unity of Ukiah Church and her local Corral says WAMM’s attorneys will Raich and have not entered a plea,” said Judge Charles Breyer in which the case sheriff,Tony Craver, doubts that federal move to secure a permanent injunction Figueroa who says he asked the judge was closed and the Cooperative perma- agents will raid a church. with the district court and the return of to allow the jury to question whether nently enjoined from distributing medi- property case will go forward. defendants were involved in interstate cal cannabis. This decision was appealed WAMM “If Raich loses, the Supreme Court commerce. “If Raich wins it may be such back up to the 9th Circuit, which re- With three active lawsuits and a will announce the decision and 60 days a narrow victory we may not be able to manded it back down to the District standing injunction against the U.S. later record it in the Federal Register,” take advantage of it. If Raich loses they Court, where it is now on hold pending Government, the Wo/Men’s Alliance for says Corral. “Then the feds can petition may take a plea and could be facing stiff the Raich decision. Medical Marijuana (WAMM) has a high the court to lift the injunctions and I ex- sentences.” “If it’s an open-ended decision, we stakes interest in the outcome of the pect that they will do that.” He adds that Davidson and Blake have a hearing have two to five years in federal court to Raich case. The Santa Cruz-based col- a negative decision would also put on March 1 before Judge Morrison En- struggle for collectively changing the lective has had more than its share of WAMM’s return of property case on gland in U.S. District Court in Sacra- law,” said Jeff Jones, executive director attention from the DEA. hold depending on the timing of the due- mento for a motion to allow pre-trial jury of the OCBC and main defendant in the On September 5, 2002, 30 armed process case. instruction based on Raich. While the case. “They’ve been getting away with DEA agents raided WAMM’s Davenport Corral says a negative decision would Blakely and Booker decisions will likely being an ostrich with their head in the marijuana garden and the home of its also force the collective to stop cultivat- not affect his clients, Figueroa says it sand, saying it doesn’t exist.” founders, Valerie and Michael Corral. ing medical cannabis. Since the WAMM could impact other cases. “It is just ap- Jones believes that any marijuana Agents chainsawed 167 marijuana plants bylaws prevent any member of the co- plied to the guidelines, not the statutory case, medical or not, will be impacted while holding the Corrals and a patient operative or its representatives from buy- mandatory minimum,” says Figueroa. by Raich. He notes that in the OCBC at gunpoint. But the DEA’s exit was ing or selling marijuana, it will depend “But a jury has to find the amount [of Supreme Court case, the judges found blocked by patients who successfully on cannabis freely distributed by its marijuana plants] beyond a reasonable that marijuana had no accepted medical negotiated for the Corral’s release. No members or acquired by donation. doubt.” value —limiting their ability to side with charges were ever filed. “If we don’t have an injunction, we a medical defense in other cases. This The collective lodged a civil suit will likely be targets because we’ve been Ed Rosenthal will change if the court finds that mari- against the government demanding the fairly high profile, sued the government Until Raich, the highest-profile medi- juana medically benefits the Raich de- return of of items seized in the raid. That and garnered extra attention from the cal marijuana case undoubtedly be- fendants, allowing patients to bring this case was dismissed by Judge Fogel in DEA,” said Corral. He also fears the gov- longed to Ed Rosenthal. The author and defense into their cases, says Jones. He ernment may launch asset forfeiture pro- cannabis advice columnist was arrested adds that a positive ruling could create ceedings against them. “We think that in February 2002 and convicted in Janu- an avenue for state-sponsored distribu- there will be federal criminal charges ary 2003 on federal marijuana cultiva- tion agencies to support patients. against Val and me for conspiracy to cul- tion and conspiracy charges after a high “The Supreme Court is not going to tivate and distribute marijuana or keep- profile trial. Sentenced in June of 2003 give the government what they want,” ing a place to manufacture and distrib- to one day (time served), Rosenthal has predicts Jones. “We will get a ruling that ute, like the charges against Ed appealed his conviction to the Ninth U.S. doesn’t go as far as we want, but hope- Rosenthal.” Court of Appeals. fully will protect patients and caregivers’ Rosenthal contends that the convic- rights. But it may not protect dispensa- David Davidson/Cynthia Blake tion was unfair because Judge Charles ries or collectives, which will be our next According to Attorney Omar Breyer prevented the jury from hearing struggle.” Figueroa, Raich will help determine the evidence related to medical marijuana. Jones believes that if Raich-Monson fate of medical marijuana patients David Rosenthal maintained that he had been lose, the DEA will begin targeting dis- Davidson and Cynthia Blake. (Figueroa deputized by the City of Oakland to grow pensaries outside of the Bay Area. and Tony Serra are representing medical cannabis. Breyer barred this “They’ll pick off the loners and try to Davidson, Shari Greenberger is repre- evidence, prompting a majority of jurors scare the Bay Area into obedience,” he senting Blake.) Like the WAMM collec- in the case to disavow their verdict. thinks. tive, Davidson and Blake are well ac- Breyer handed Rosenthal the lightest For people not using cannabis for WAMM GARDEN DENUDED by quainted with the commando tactics of DEA raiders in September 2002. possible sentence saying Rosenthal be- medical purposes, Jones predicts that a the DEA. Davidson was growing can- Mountainside land north of Santa lieved erroneously —but reasonably— win in the Raich case would at least, Cruz, cleared and developed by Mike nabis in a greenhouse on the banks of that he was engaging in legal acts. The “take the wind out of the sails of pros- and Valerie Corral, had been tilled the Sacramento River in Tehama County judge concluded that the “extraordinary, ecutors and what they see as their moral when contractors working on a collectively by members. continued on next page right to go after these cases.” —26— O’Shaughnessy’s • Spring 2005

Riding on Raich from previous page Medical Board of California and charged He was released on bail. While Hayes’ tors are seeking the forfeiture of money “If we lose Raich and our own with violating the standard of care in her asylum request was denied, Tuck was or property from both sites. Grossi was private acts are interstate com- treatment of several patients. The case granted a stay of his asylum request pend- released on $250,000 bond. merce and the states don’t have was settled when Fry agreed to take a ing a hearing by the Canadian federal Roy Lewis, 52, of Walnut Creek, was the right to define medical prac- records-keeping class. According to court. named in a superseding indictment and Lichter, the U.S. Attorney in the Eastern indicted on charges of conspiracy and tice,” said McWilliams, “then District threatened to indict Fry, Schafer Rick Watts three counts of growing marijuana at states don’t have much value for and one of Schafer’s grown children if Rick Watts was one of several defen- both sites. The DEA alleges that he what they can do for citizens. The Fry didn’t make a deal with prosecutors dants charged in association with a DEA helped set up the alarm system on Mar- feds have taken over.” and admit that they conspired to grow raid on San Francisco’s Harm Reduction ket Street and rented $7,000 in equip- marijuana. Lichter says Schafer could Center. Some 714 plants were confis- ment from his construction company for still face prison time because he was cul- cated during the February 2002 opera- the site. Lewis was sought on a no-bail know how my case was similar to tivating medical cannabis for Fry as her tion. Watts was charged with maintain- warrant. Angel’s,” says McWilliams. “They had caregiver. ing a place to manufacture marijuana and an emergency hearing because the court jailed for three months. was unclear about caregivers, and it had On February 16, Pacetti never been discussed whether Angel’s Ken Hayes Released on a $500,000 bond, Watts pleaded guilty to his role in the “I can report that I am not in Canada lost his truck, his tools and his equity in John Doe caregivers were growing for any more,” writes Ken Hayes via e-mail. a San Francisco property he was renting Oakland grow. other patients.” “I cannot tell you where I am.” to own. After learning that he was facing McWilliams pled guilty to a single Hayes was charged in February 2002 20 years in prison, Watts crashed his car On February 16, Pacetti pleaded felony charge of cultivating two dozen with conspiring to grow more than 1,000 and broke his back. He’s currently on pre- guilty to his role in the Oakland grow. plants on the condition that he receive marijuana plants with Ed Rosenthal and trial parole with no trial date. He will be sentenced on June 3 on a no more than six months of time. He was Rick Watts at the Harm Reduction Cen- “They are waiting to extradite Ken charge of using the warehouse as a place originally facing a 40-year sentence. The ter, a San Francisco medical marijuana Hayes from Canada,” says Watts. “I think for the manufacture of marijuana. Pacetti court decided to put his case on hold dispensary. Prosecutors claim that Hayes they want me to testify against him. They was indicted by a federal grand jury on while the Raich case was heard. fled to Canada in a chartered plane with asked me in jail if I had anything to say Feb.17 on another charge of making the McWilliams said it was disappointing be- $13,000 hidden in his pants. and I said, ‘Yeah, I’d like to go back to second location, 2653 East 11St. in East cause he is banned from using medical While seeking asylum in Canada, bed.’” Oakland, available for marijuana grow- marijuana and is being drug tested. Hayes grew a small personal-use garden Watts believes that the Raich decision ing. McWilliams and Barbara MacKenzie run and was arrested on marijuana cultiva- will help defendants such as himself who Shelter From the Storm, a patient re- source center. Since neither one is al- tion charges. are involved in cases which involved Steve McWilliams lowed to smoke marijuana, McWilliams Hayes’ quest for political asylum was commerce. “I think it will impact my San Diego activist Steve McWilliams says they are using morphine and metha- summarily discharged. It is unclear case because it will uphold states rights,” was arrested in October 2002 on cultiva- whether or not his Canadian cultivation tion charges after he displayed sample done to treat their medical conditions. charges have been dropped. plants and bagged marijuana outside City “We can take these highly potent, highly “The U.S. Government has made a Hall (“as a political and educational act,” addictive opiates but we can’t use pot,” point of telling me that they want me and says McWilliams). he pointed out. are unwilling to negotiate,” writes McWilliams is permitted to use Hayes. “I find this a pitiful waste of tax- McWilliams thinks he was Marinol. His urine is tested at the Uni- payer resources.” versity of Mississippi by a lab that can Hayes recently placed an ad in the San arrested in retaliation for pre- distinguish between metabolites of Francisco Bay Guardian seeking to raise senting medical marijuana Marinol and possible smoked marijuana. money for his bond so that he can return (Cost to taxpayers: $300/month.) “They guidelines to the San Diego are trying to get me on a probation vio- and fight the charges still pending against City Council. him. Hayes says he’s “broke and eating lation to accept a worse plea,” he fears. potatoes.” But George Bevan of the San According to McWilliams, his lawyer Francisco U.S. Attorney’s office has McWilliams thinks he was arrested in is arguing that the states have a right to taken a particular interest in building a retaliation for presenting medical mari- regulate medicine and are challenging the case against him. Hayes said Bevan juana guidelines to the San Diego City Attorney General’s stance that marijuana called him after the ad was placed. Rick Watts signs the guestbook at Council. has no accepted medical use. “We got the feeling that he was an- Wayne Justmann’s 60th birthday Sentenced in April 2004 to six months “If we lose Raich and our own pri- party, San Francisco, 1/22/05. noyed by this act of strength,” wrote in prison and three years probation, vate acts are interstate commerce and the McWilliams could get a lighter sentence states don’t have the right to define medi- Hayes, who says Bevan was contacting says Watts, whose attorney Tony Serra people connected to his case as recently if Raich prevails. Under his plea bargain cal practice,” said McWilliams, “then advises him not to test the theory. “Tony agreement, McWilliams was ordered by states don’t have much value for what as last May. “He does not want to do the says ‘Don’t kick a sleeping dog.’” courtroom drama again. I think he is try- the judge to seek drug-abuse counseling they can do for citizens. The feds have and register as a convicted drug offender. taken over.” ing to drum up something so that I am Jacek Mroz, Jessie Nieblas, compelled to accept a plea bargain and “When I was sentenced it was a con- Mario Pacetti ditional plea. And while I was waiting, a do some time.” Indicted in July 2004 by a federal Photos by David Smith, Pat McCartney, panel of three judges from the 9th Cir- Wendy Russell, Janet Jacobus, O’Shaugh- grand jury in Oakland, Jacek Mroz, cuit sent my attorney a letter wanting to nessy’s News Service Jessie Nieblas, Mario Pacetti pleaded not Ken Hayes in 1999 guilty to a series of charges involving a (auditing a meeting of the task force set raid on a West Oakland warehouse con- up by Attorney taining 4,000 plants. The three were General Lockyer to charged with manufacturing marijuana, “clarify” Prop 215). possession of marijuana with intent to The group ulti- sell, aiding and abetting, and using a mately helped pro- place for manufacturing marijuana. Sup- duce SB-420. porters say it was a legitimate medical According to Hayes, prosecutors are cannabis grow. also charging him with money launder- California Highway Patrol Officers ing, plus ongoing cultivation in the U.S. discovered the marijuana June 30, 2004, He believes both the Raich and Brooker after pulling over a truck transporting cases will influence his battle with the clones. The CHP turned the case over to feds. the DEA. Two other suspects, Celeste Angello and Heleno Dearaujo entered Steve Tuck guilty pleas of misdemeanor possession. According to Laurence Lichter, Steve The government’s case is relying on the Tuck, a medical marijuana activist from alleged odor as the basis for the search Humbolt County, could also be affected and seizure. by the Raich case. The last Lichter heard, On February 11, a federal grand jury Tuck was in Canada with Ken Hayes indicted two more suspects in the case. avoiding pending federal charges. He had Thomas Grossi, Sr. 60, of Lafayette, the already managed to duck state charges owner of the West Oakland warehouse on Market Street where the plants were Barbara MacKenzie and Steve McWilliams created the Shelter involving 800 plants. From the Storm coffeehouse in San Diego. McWilliams thinks he Tuck, a Gulf War veteran who suffers discovered —as well as a previously un- disclosed building in East Oakland— was targetted because of his political work —urging the city coun- from spinal injuries, was arrested again cil to adopt guidelines for cultivation and distribution of medicinal with in Canada in April was indicted for providing property for cannabis. Photo by Janet Jacobus 2002 on a marijuana cultivation offense. marijuana cultivation. Federal prosecu-