T
The420Guy
Guest
The daylight basement in Leroy Stubblefield's Sweet Home area house seems
an unlikely battlefield for America's war on drugs.
Stubblefield, a 52-year-old quadriplegic, and two of his caregivers were
growing 12 marijuana plants in his basement in a state-licensed operation
until Sept. 23, when a federal drug agent seized them in a drug raid. No
one was arrested.
It is thought to be the first time in Oregon that federal authorities have
overstepped state law -- which allows cultivation of marijuana for personal
medicinal purposes under a $150 annual license -- and raided a marijuana
growing operation.
Kevin Neely, spokesman for the Oregon attorney general's office, said the
seizure raises an unfortunate conflict between state and federal law.
Neely said the U.S. Department of Justice has traditionally not taken an
interest in these small grow operations but ultimately they do have
jurisdiction and are within the scope of the law to bust Oregon medical
marijuana patients.
"They can't be prosecuted under Oregon law," Neely said, "but they could be
prosecuted under federal law."
In 1998, Oregon voters approved the Oregon Medical Marijuana Act, and about
3,600 people have a medical card to grow marijuana in the state. 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.
The federal government, however, does not recognize the use of marijuana
for medicinal purposes and still classifies it as a drug.
Stubblefield was home with two of his caregivers, Steve Russell, 46, and
Clarence VanDehay, 48, when members of a local drug enforcement team showed
up at his front door shortly after noon. They said they had received a tip
he was growing 100 marijuana plants and asked to see them.
Stubblefield, who was in bed, consented. Stubblefield, Russell and VanDehay
all have licenses to grow marijuana. The state allows license holders to
grow three mature plants and four immature plants.
After checking out the marijuana plants, Linn County Sheriff's Lt. Will
McAnulty said, local law officers concluded that the operation was in
compliance 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."
McAnulty, commander of the Albany-based drug enforcement team that
investigated Stubblefield's marijuana 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 authorities)
didn't say they had a federal officer with them."
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.
Stubblefield said he remains angry.
"I felt that we had been betrayed," he said. "What do they gain from this?"
Stubblefield is filing a claim on the seized marijuana under his
homeowner's insurance. Stanford estimated the value of the plants at $18,000.
Pubdate: Thu, 24 Oct 2002
Source: Oregonian, The (OR)
Copyright: 2002 The Oregonian
Contact: letters@news.oregonian.com
Website: OregonLive.com
an unlikely battlefield for America's war on drugs.
Stubblefield, a 52-year-old quadriplegic, and two of his caregivers were
growing 12 marijuana plants in his basement in a state-licensed operation
until Sept. 23, when a federal drug agent seized them in a drug raid. No
one was arrested.
It is thought to be the first time in Oregon that federal authorities have
overstepped state law -- which allows cultivation of marijuana for personal
medicinal purposes under a $150 annual license -- and raided a marijuana
growing operation.
Kevin Neely, spokesman for the Oregon attorney general's office, said the
seizure raises an unfortunate conflict between state and federal law.
Neely said the U.S. Department of Justice has traditionally not taken an
interest in these small grow operations but ultimately they do have
jurisdiction and are within the scope of the law to bust Oregon medical
marijuana patients.
"They can't be prosecuted under Oregon law," Neely said, "but they could be
prosecuted under federal law."
In 1998, Oregon voters approved the Oregon Medical Marijuana Act, and about
3,600 people have a medical card to grow marijuana in the state. 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.
The federal government, however, does not recognize the use of marijuana
for medicinal purposes and still classifies it as a drug.
Stubblefield was home with two of his caregivers, Steve Russell, 46, and
Clarence VanDehay, 48, when members of a local drug enforcement team showed
up at his front door shortly after noon. They said they had received a tip
he was growing 100 marijuana plants and asked to see them.
Stubblefield, who was in bed, consented. Stubblefield, Russell and VanDehay
all have licenses to grow marijuana. The state allows license holders to
grow three mature plants and four immature plants.
After checking out the marijuana plants, Linn County Sheriff's Lt. Will
McAnulty said, local law officers concluded that the operation was in
compliance 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."
McAnulty, commander of the Albany-based drug enforcement team that
investigated Stubblefield's marijuana 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 authorities)
didn't say they had a federal officer with them."
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.
Stubblefield said he remains angry.
"I felt that we had been betrayed," he said. "What do they gain from this?"
Stubblefield is filing a claim on the seized marijuana under his
homeowner's insurance. Stanford estimated the value of the plants at $18,000.
Pubdate: Thu, 24 Oct 2002
Source: Oregonian, The (OR)
Copyright: 2002 The Oregonian
Contact: letters@news.oregonian.com
Website: OregonLive.com