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The420Guy
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A federal drug agent recently seized a dozen marijuana plants growing in
Leroy Stubblefield's basement in Sweet Home. Stubblefield, 52, is a
quadriplegic who has an Oregon state license to grow marijuana.
The raid is thought to be the first time that federal authorities have
overstepped Oregon's medical marijuana law. The law, which voters approved
in 1998, allows cultivation for personal medicinal purposes under a $150
annual license.
Voters in California, Arizona, Alaska, Colorado, Maine, Nevada and
Washington approved similar ballot initiatives, and the Legislature in
Hawaii passed a law allowing the use of medical marijuana.
Stubblefield, who was not arrested, was in his house outside Sweet Home
with two of his caregivers when members of a local drug enforcement team
showed up Sept. 23. They said they had received a tip he was growing 100
marijuana plants and asked to see them.
Stubblefield, who was in bed, consented to the search. The state allows
license holders to grow three mature plants and four immature plants.
After checking out Stubblefield's supply, Linn County Sheriff's Lt. Will
McAnulty said local law officers concluded that the operation complied with
state law.
But a Drug Enforcement Administration agent accompanying the local officers
said he was going to seize the plants under federal law.
Ken Magee, an assistant special agent in charge of Oregon's DEA operations,
said it's a violation of federal law to possess, manufacture or cultivate
marijuana. He said it's not a new policy that federal agents will seize
marijuana plants grown for personal medicinal uses.
"We're not looking at this as a matter of policy, it's a matter of federal
law," Magee said. "The U.S. government doesn't recognize marijuana as a
medicine. It's a drug. Even our own U.S. Supreme Court has ruled that
there's no medicinal value in marijuana."
Stubblefield was not arrested.
McAnulty, commander of the Albany-based drug enforcement team that
investigated the growing operation, said the DEA agent who seized the
plants just happened to be in the office shortly before detectives drove to
Stubblefield's home.
"It's not any effort on our part to circumvent state law," McAnulty said.
A Portland nonprofit organization, The Hemp & Cannabis Foundation, has
given Stubblefield replacement plants and free medicinal cannabis. The
group also intends to file suit against federal, state and local law
enforcement officials, executive director Paul Stanford said.
"It's a clear violation of state and federal law," Stanford said. "They're
lying when they say they have a right to do this."
Local and state detectives failed to protect Stubblefield from an
unreasonable search and seizure, Stanford said. And the U.S. Constitution
said a state's medical practices are not subject to federal oversight, he
said.
"I don't see how they could pick out a disabled, quadriplegic war veteran
to single out in Oregon to start with (seizing marijuana plants)," Stanford
said. "It just seems to be the height of absurdity.
Drug agents bypass marijuana law
10/24/2002
Associated Press
Leroy Stubblefield's basement in Sweet Home. Stubblefield, 52, is a
quadriplegic who has an Oregon state license to grow marijuana.
The raid is thought to be the first time that federal authorities have
overstepped Oregon's medical marijuana law. The law, which voters approved
in 1998, allows cultivation for personal medicinal purposes under a $150
annual license.
Voters in California, Arizona, Alaska, Colorado, Maine, Nevada and
Washington approved similar ballot initiatives, and the Legislature in
Hawaii passed a law allowing the use of medical marijuana.
Stubblefield, who was not arrested, was in his house outside Sweet Home
with two of his caregivers when members of a local drug enforcement team
showed up Sept. 23. They said they had received a tip he was growing 100
marijuana plants and asked to see them.
Stubblefield, who was in bed, consented to the search. The state allows
license holders to grow three mature plants and four immature plants.
After checking out Stubblefield's supply, Linn County Sheriff's Lt. Will
McAnulty said local law officers concluded that the operation complied with
state law.
But a Drug Enforcement Administration agent accompanying the local officers
said he was going to seize the plants under federal law.
Ken Magee, an assistant special agent in charge of Oregon's DEA operations,
said it's a violation of federal law to possess, manufacture or cultivate
marijuana. He said it's not a new policy that federal agents will seize
marijuana plants grown for personal medicinal uses.
"We're not looking at this as a matter of policy, it's a matter of federal
law," Magee said. "The U.S. government doesn't recognize marijuana as a
medicine. It's a drug. Even our own U.S. Supreme Court has ruled that
there's no medicinal value in marijuana."
Stubblefield was not arrested.
McAnulty, commander of the Albany-based drug enforcement team that
investigated the growing operation, said the DEA agent who seized the
plants just happened to be in the office shortly before detectives drove to
Stubblefield's home.
"It's not any effort on our part to circumvent state law," McAnulty said.
A Portland nonprofit organization, The Hemp & Cannabis Foundation, has
given Stubblefield replacement plants and free medicinal cannabis. The
group also intends to file suit against federal, state and local law
enforcement officials, executive director Paul Stanford said.
"It's a clear violation of state and federal law," Stanford said. "They're
lying when they say they have a right to do this."
Local and state detectives failed to protect Stubblefield from an
unreasonable search and seizure, Stanford said. And the U.S. Constitution
said a state's medical practices are not subject to federal oversight, he
said.
"I don't see how they could pick out a disabled, quadriplegic war veteran
to single out in Oregon to start with (seizing marijuana plants)," Stanford
said. "It just seems to be the height of absurdity.
Drug agents bypass marijuana law
10/24/2002
Associated Press