President Obama is Throwing State Law Compliant Medical Marijuana Patients Into Federal Prison at an Unprecedented Rate

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" This month will see a number of patients sentenced, sent to prison despite compliance with state medical marijuana laws

WASHINGTON - January 4 - Fallout from the Obama Administration's aggressive federal enforcement in medical marijuana states has reached a fever pitch this month with three people being sentenced, two others due to surrender to federal authorities to serve out sentences of up to five years in prison, and one federal trial in Montana currently scheduled for January 14th. Two of the three people being sentenced in the coming month -- Montana cultivator Chris Williams and Los Angeles-area dispensary operator Aaron Sandusky -- face five and ten years to life, respectively.

"The number of sick patients being locked up by the Obama Administration is unprecedented and deplorable," said Kris Hermes, spokesperson for Americans for Safe Access, the country's leading medical marijuana advocacy organization. "Aggressive enforcement is an unacceptable means of addressing medical marijuana as a public health issue," continued Hermes. "The Obama Administration is lying to the American people when it says it's not targeting individual patients and these cases are clear evidence of that." Montana patient cultivator Richard Flor died in August while serving out a 5-year prison sentence.

Five cultivators claiming to be in compliance with Michigan's medical marijuana law were sentenced in October. Two of the cultivators -- Jaycob Montague and Jeremy Duval -- are already serving their prison terms of 18 months and 5 years, respectively, and two others -- John Marcinkewciz and Shelley Waldron -- are scheduled to surrender to federal authorities on January 8th and 10th, respectively. Waldron will be imprisoned for 18 months and Marcinkewciz for 5 years. The fifth cultivator, Jerry Duval (Jeremy's father), was sentenced to 10 years, but has not yet been given a surrender date.

More than a dozen people were indicted after federal agents conducted raids on state compliant medical marijuana businesses throughout Montana in March 2011. Only one, Chris Williams, went to trial and, like all other medical marijuana defendants who are tried in federal court, was denied a defense and swiftly convicted. While facing more than 80 years of mandatory minimum sentencing, Williams accepted a rare post-conviction plea deal that reduced his charges and possible sentence to 5 years to life in exchange for his promise not to appeal his conviction. Williams, who is scheduled to be sentenced on February 1st, worked at Montana Cannabis with Chris Lindsey, another indicted cultivator. Lindsey, who testified against Williams at his trial, is expected to be sentenced today. Medical marijuana cultivator Jason Washington has one of the last unresolved federal cases in Montana. Washington is currently scheduled to go to trial on January 14th.

Aaron Sandusky operated G3 Holistic in Upland, California when he was federally indicted in June. Though Sandusky was arrested with several others, he was the only one who took his case to trial. In October, Sandusky was denied a defense in federal court and convicted at trial. He is scheduled to be sentenced on January 7th to a minimum of 10 years to life.

Far surpassing his predecessor George W. Bush, President Obama has conducted more than 200 SWAT-style raids on state-compliant medical marijuana businesses and has indicted more than 80 people since he took office. "How many medical marijuana patients is President Obama going to imprison before he considers other, more humane options," said Hermes. "The president must answer for why he's going against his earlier pledges by spending Justice Department funds in this way, especially at a time of fiscal crisis." "

(SOURCE: http://www.commondreams.org/newswire/2013/01/04-1 )

Sacramento Dave's picture
Sacramento Dave
Joined:
Nov. 27, 2010 9:46 am

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There is NO state law that over rides the CSA and commerce clause permitting sales. Raich v Gonzales. The Feds including Obama have not gone back on their word not to bust individuals in states with laws permitting individuals to use it. Its not the DEA, its the IRS. Same as Al Capon. The only bitching is being done by the profiteers who have handcuffed individuals with less amounts and mmj crap designating who can use it. The Feds will not go after individuals with less than 100 plants. Only the states with bogus mmj laws. Not CA with the compassionate use act permitting anyone for any reason with no limits other than what the Feds have deemed a reasonable amount. So why continue with this whiney nonsense? If you want to sell pot you have to remove it from the Controlled Substance Act. Good Luck with that. The Feds already have patents on cannabinoids, a grow op and distribution for sublingual spray. If people truly want a medicinal herb then the Pharmacies will have it covered. Hemp and Ganja are outlawed more by Wall St than DC. Keeping competition off the market can be avoided all day long by denialists and profiteers. But nothing will change. Obama has reduced the amount of those arrested. Most by states busting individuals, not the Feds. Stop the Gossip!

Studying Marijuana and Its Loftier Purpose

Methinks Thou Dost Protest Too Much

For the record I believe selling cannabis is a public service for those without connections. I love the displays and baked goods and think the entrepreneurs behind the buyers clubs are hero's. I believe Hemp is more of the reason for prohibition than the dangers of Ganja. Mostly because it is a renewable resource with many corporate poisoners in competition desperately holding onto their status quo monopolies. So instead of throwing stones maybe we should let the science and truth overturn the CSA and focus on reality and not just Obama bashing or profits selling a weed. As it stands I can grow 300 joints every 25 days as established by the Feds as a reasonable amount. That is what they give to the 4 remaining IND patients.

Note. Compassionate Use Act not the MMJ Act

High on Hemp

DdC's picture
DdC
Joined:
Mar. 22, 2012 12:39 am
The Feds including Obama have not gone back on their word not to bust individuals in states with laws permitting individuals to use it. Its not the DEA, its the IRS. Same as Al Capon.

I hate it when people don't take the time to understand the complexities of how the federal vs state laws and agencies work and just 'blame Obama'.

As if directives to arrest medical patients would come out of the White House.

Obama has reduced the amount of those arrested. Most by states busting individuals, not the Feds. Stop the Gossip!

And there are a lot of Monica Goodling type leftovers from the Bush administrations. Are they going to blame the White House for their actions too?

At some point, the party of small government has to be recognized as the party of bad government as well.

Roger Casement's picture
Roger Casement
Joined:
Nov. 22, 2011 10:07 am

Currently Chatting

The other way we're subsidizing Walmart...

Most of us know how taxpayers subsidize Walmart's low wages with billions of dollars in Medicaid, food stamps, and other financial assistance for workers. But, did you know that we're also subsidizing the retail giant by paying the cost of their environmental destruction.

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