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Origonal Subject==> [Fwd: DEA Steals 1st Known Oregon State-Licensed
Medical Marijuana Garden]
Here is an offtopic Press Release I found. It made me think about
cyberlaws. Both state and fedral laws cover cybercrime. What
determines who has jusisdiction and when? How political is the
jusisdiction issue?
Shaun
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savages@private
GPG = B527 8F72 BAFA D490 6B30 6885 9FA2 34E8 EA73 F975
Public key at http://www.savages.net/gpg/savages
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attached mail follows:
The federal government has signalled its willingness to expand its war
against medical marijuana patients beyond California with the first known
federal seizure of an Oregon state-licensed and legal cannabis garden.
Though federal agents have raided dozens of medical marijuana gardens in
California since September 11, 2001, this is the first time federal agents
have stolen an Oregon patients' licensed marijuana.
Voters approved the Oregon Medical Marijuana Act in November 1998, and the
Oregon Department of Human Services began issuing state licenses for
medical marijuana in May 1999. The licenses, which cost each patient $150
in state license fees alone, allow those with certain debilitating medical
conditions to grow, possess and use medical marijuana in private for 1
year. The cards may be renewed for an annual state fee of $150 per patient.
On Monday, September 23, 2002, a 3 patient, Oregon-licensed medical
marijuana garden in Linn County, Oregon had all 12 of its cannabis plants
seized by Michael P. Spasaro, a federal Drug Enforcement Administration
Special Agent based in Eugene. The raid was in association with the
Lane-Linn-Benton County "Valiant Team," an inter-agency drug enforcement
squad. The indoor garden was located between Lebanon and Sweet Home, in the
home of Leroy Stubblefield, 53, a quadriplegic war veteran. Stubblefield
says, "I feel like I have been raped."
Two of Stubblefield's caregivers, Scott Russell, 46, and Clarence VanDehay,
48, were with him during the assault, and all three of them are licensed as
medical marijuana patients by Oregon Health Services' Medical Marijuana
Program. The 12 plant garden was for the three of them. For 3 patients,
they could have had up to 21 plants and still been legal under state law.
The three patients have valid licenses which cost them $150 each, so in
total they had paid state fees of $450 allowing and protecting them so they
may grow, posses and use medical marijuana under the state law. Each of the
three could have legally had 7 plants, but, instead, only had 4 each.
Shortly after Noon on Sept. 23rd, Russell noticed that 4 cars and a truck
pulled into their driveway on rural Mountain Home Road. While 8 other men
waited in the driveway, two plainclothes officers came to the door and
asked for Leroy Stubblefield, the homeowner. Stubblefield, a quadriplegic
for 33 years, was in bed at the time and told his caregivers they could let
the 2 men in to speak with him. The officers came into Stubblefield's
bedroom, identified themselves as members of the "Valiant Team" and said
they had a report that 100 marijuana plants were growing in the home's
basement. The 3 patients identified themselves, showed the police their
state medical marijuana identification cards and told them they were
abiding by the state law. The two officers asked Stubblefield to see their
basement garden, and Stubblefield told Russell to show them. Since the 3
patients were complying with the state law, they thought they were
protected by their state licenses.
Russell took the two plainclothes police downstairs, unlocked the two
garden rooms and let the law enforcement officers in. The unidentified Lane
County detective said the garden was in compliance with state law and that
he was not going to bother with it. Russell says that at this point, DEA
Special Agent Michael Spasaro told the detective that he was going to seize
all 12 plants under federal law. Russell says the Lane County detective
shook his head no, and said it is legal and in compliance with state law.
Spasaro said he was going to enforce federal law in Stubblefield's home.
At this point, the detective should have intervened to protect the
state-licensed patients' civil rights from violation by federal
intervention. The patients' state-licensed property was stolen with the
complicity and under the supervision of Oregon county detectives.
Russells says that he expressed his anger and disbelief that Spasaro was
going to steal their medicine.
Stubblefield said he could hear that Russell was very angry in the
basement. Stubblefield was shocked, but called for Russell, then asked
Russell to calm down and not antagonize the law enforcement
agents. Russell went back downstairs and tried to contain his anger.
Russell asked Spasaro if he could keep some flowers. Spasaro said no, so
Russell says he made the DEA agent wait several minutes while he smelled
one plant's freshly harvested cannabis flowers, the fruit of his labor.
Spasaro told quadriplegic Stubblefield, "You're lucky we don't seize your
home."
At another point during the assault, Spasaro said, "You're lucky we don't
seize your lights."
After Spasaro had taken the single harvested plant and cut down the other
11 live plants, he took them out to the truck and prepared to leave.
Stubblefield asked Russell if he had received a receipt for their property,
the stolen marijuana plants. Russell said no, then he went outside to the
drug agents in their vehicle, and waived Spasaro over. Russell told Spasaro
that he wanted a receipt for the plants.
Spasaro said, "I've been in drug enforcement for 24 years and you're the
first person to ever ask for a receipt."
Spasaro dug through the trunk of his unmarked federal police car and
eventually found a "U.S. Department of Justice- Drug Enforcement
Administration 'Receipt for Cash or Other Items' ." Spasaro wrote that he
seized 12 marijuana plants, signed the form and gave it to Steve Russell.
THCF and the three patients will file a lawsuit regarding this incident,
naming the US federal Drug Enforcement Administration agent, his agency,
and others as defendants.
THCF is proud to have provided these patients with 7 replacement plants to
rebuild their garden and several ounces of free medicine.
THCF will hold a press conference in Linn County at Leroy Stubblefield's
home on Wednesday, October 23rd at 12:30pm.
We have videotaped our initial interview with Stubblefield and Russell, and
the delivery of our gifts to help them get back on their feet. We have
copies of the DEA business card and federal property receipt. The video and
scanned papers will be available online on our website soon and we'll
feature them on our next live TV show, Cannabis Common Sense, in Portland
on Friday, October 25th at 8pm.
This is the contact data from the business card left by the DEA agent:
United State Department of Justice
Drug Enforcement Administration
Michael P. Spasaro
Special Agent
211 E. 7th Ave.
Suite 420
Eugene, OR 97401
Tel: 541-465-6861
Fax: 541-465-6796
Mobil: 541-954-1421
We urge you to contact Spasaro to express your outrage at his theft and his
cruel torture of a quadriplegic patient. Then please contact your state and
federal elected officials to let them know we have to stop these sadistic,
senseless attacks on sick people.
www.thc-foundation.org
CRRH is working to regulate and tax the sale of cannabis to adults like
alcohol, allow doctors to recommend cannabis through pharmacies and restore
the unregulated production of industrial hemp.
*Campaign for the Restoration and Regulation of Hemp*
mail: CRRH ; P.O. Box 86741 ; Portland, OR 97286 USA
email: crrh@private
phone: (503) 235-4606
fax: (503) 235-0120
web: http://www.crrh.org/
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: Mon Oct 21 2002 - 14:49:17 PDT