OR: SEARCH AND SEIZURE

Ordinarily, Leroy Stubblefield enjoys it when his friends stop by unannounced.

As a 54-year-old Vietnam veteran, however, Stubblefield said he was not
happy when a "friend" from the Drug Enforcement Agency stopped in without
notice -- and without identifying himself -- and seized his
state-authorized marijuana plants during a search of his Lebanon ranch in
late September.

"I try to lead a very simple life," he said. "It's an ultimate shock."

On Sept. 23, during a state investigation of a potentially excessive number
of legal plants on the premises, DEA agent Michael Spasaro took 12 plants
from Stubblefield's 2.5 acre ranch, eight of which belonged to his two
caregivers, fellow veterans and medical marijuana card holders Scott
Russell, 46, and Clarence Vandehay, 48.

Although the three men were in accordance with state law, which allows up
to seven plants per person, Stubblefield said he would not have allowed the
members of the Valley Interagency Narcotics Team (VALIANT) to perform the
search had he known a federal agent -- enforcing federal laws -- was with them.

Spasaro was unable to be reached for comment.

Stubblefield, a quadriplegic who has been registered with the Oregon State
Health Division as a medical marijuana user since 1999, said he uses
marijuana to relieve pain associated with post traumatic stress disorder
and to repress sleep apnea, two conditions his doctors say are a result of
his combat experience overseas.

Marijuana has been a point of contention between states and the U.S.
government since the Marihuana Tax Act of 1937. Fighting against federally
assisted state searches and for the return of his plants, Stubblefield has
teamed up with a Portland attorney and The Hemp and Cannabis Foundation --
or THC -- to file two lawsuits, one state and one federal.

"Federal agents do not belong on state searches whatsoever because
(ensuring compliance with state law is) an Oregon, not a federal,
procedure," he said. "Hopefully, this lawsuit will help to change that."

DEA Assistant Special Agent Ken Magee, the Portland official who oversees
narcotics enforcement operations in Oregon, said a cooperative agreement
between state and federal enforcement in any narcotics investigation is
essential to organizing task force arrangements.

"Agents have a statutory obligation to enforce the laws passed by the
elected officials of this country," he said. "This is not the first time a
lawsuit of this kind has been filed."

Substance Abuse Prevention Program director Miki Mace teaches a class
through SAPP called "The Truth About Marijuana," and said she thinks
lawsuits such as Stubblefield's could eventually lead to an accordance
between federal and state laws.

"I think there has to be a day when they agree, because lawsuits will
continue to occur until legislation changes," she said. "If anything, it
should give somebody pause as to whether things should remain the same."

Stubblefield's attorney, Anne Witte of Portland, said she intends to ask
state public health officer Grant Higginson, administrator of the Oregon
Medical Marijuana Act, and the American Civil Liberties Union to file a
suit with them in federal court. She said she hopes to stop Attorney
General John Ashcroft and the DEA from prosecuting medical marijuana
patients, many of whom, like her client, are war veterans.

At age 18, Stubblefield volunteered to fight in Vietnam. By the age of 20,
Stubblefield said he had tried marijuana twice and decided against using it
at all, especially while in combat, because he thought it would hinder his
ability to function. In 1969, the 21-year-old soldier flew home with a need
for sleep and a desire for companionship.

Stubblefield went out on the town, driving his parents' car. About a mile
from home, he fell asleep at the wheel and broke his neck in a car
accident, leaving him a quadriplegic. The Coast Guard gave him an honorable
medical discharge for passing out in a state of complacency, casually
referred to as a "safe zone" by soldiers and veterans.

"I'd say at least 90 percent of vets could benefit mentally and physically
from the use of marijuana," Stubblefield said, referring to PTSD-related
flashbacks he and other veterans experience, which can be controlled by
constant consumption of "downers" like marijuana, he said. Because of
marijuana, Stubblefield said he does not have to use as much methadone, a
harsher medication previously prescribed for his pain.

"I'm proud to be able to help Leroy and others and continue this fight,"
said THC Executive Director Paul Stanford, founder of the nonprofit
pro-marijuana group. After the September seizure, THC gave Stubblefield,
Russell and Vandehay seven new plants total and an ounce of marijuana each.

Thankful for the support for his case, Stubblefield said he wants people to
take a second look at the system.

"What good does it do to cast a vote," he said, "when we, as the people,
don't get what we vote for?"


Date: Fri, 15 Nov 2002
University of Oregon's The Daily Emerald
by Caron Alarab