Wilbur
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The first federal trial of a medical marijuana patient since the high-profile 2003 conviction of author Ed Rosenthal starts in district court in Fresno tomorrow.
The federal charges were brought against Dustin Costa, 60, a leading medical
cannabis activist and former Marine, only after 18 months of state court
proceedings made it clear to local prosecutors that California’s medical
cannabis law would provide him a defense.
"Dustin Costa is a victim of the federal government's refusal to respect medical science," said Steph Sherer, executive director of Americans for Safe Access, the national advocacy group. "He and all the others being denied a medical defense at trial are the new targets in our government's war on patients."
The original state marijuana cultivation charges stemmed from a March 2004 raid by Merced County Sheriffs on a greenhouse Mr. Costa maintained on behalf of the patients in his collective. Since being re-arrested by federal agents on August 10, 2005, Mr. Costa has been held at Fresno County Jail. He is now facing federal charges of cultivation, possession with intent to distribute, and possession of a firearm.
In federal court, Mr. Costa -- who was the head of the Merced Patients Group, a non-profit collective he formed based on legal advice -- will not be allowed to present any evidence about his medical condition or anything to do with his compliance with the state’s medical marijuana law. This is the same situation that led to the conviction of Mr. Rosenthal and the subsequent revolt of the jurors, once they found out he was growing for patients. If convicted on all counts, Mr. Costa faces a mandatory minimum sentence of 20 years in federal prison.
Mr. Costa represents the first of nearly a hundred patients and providers
expected to go to trial on arrests that have occurred since the U.S. Supreme
Court ruling in Gonzales v. Raich. At least 91 patients and providers have been
arrested and currently await trial in federal court.
WHEN: Tuesday, November 7, 2006 at 9:00 am for jury selection. The trial will continue on November 8, but then recess until November 14.
WHERE: Courtroom of Judge Anthony W. Ishii, U.S. District Court, 2500 Tulare
Street, Fresno, California
Newshawk: user - 420 Magazine
Source: DrugSense.org
Pubdate: 6 November 2006
Copyright: 2006 DrugSense
Contact: info@drugsense.org
Website: DrugSense: Drug Law Reform
The federal charges were brought against Dustin Costa, 60, a leading medical
cannabis activist and former Marine, only after 18 months of state court
proceedings made it clear to local prosecutors that California’s medical
cannabis law would provide him a defense.
"Dustin Costa is a victim of the federal government's refusal to respect medical science," said Steph Sherer, executive director of Americans for Safe Access, the national advocacy group. "He and all the others being denied a medical defense at trial are the new targets in our government's war on patients."
The original state marijuana cultivation charges stemmed from a March 2004 raid by Merced County Sheriffs on a greenhouse Mr. Costa maintained on behalf of the patients in his collective. Since being re-arrested by federal agents on August 10, 2005, Mr. Costa has been held at Fresno County Jail. He is now facing federal charges of cultivation, possession with intent to distribute, and possession of a firearm.
In federal court, Mr. Costa -- who was the head of the Merced Patients Group, a non-profit collective he formed based on legal advice -- will not be allowed to present any evidence about his medical condition or anything to do with his compliance with the state’s medical marijuana law. This is the same situation that led to the conviction of Mr. Rosenthal and the subsequent revolt of the jurors, once they found out he was growing for patients. If convicted on all counts, Mr. Costa faces a mandatory minimum sentence of 20 years in federal prison.
Mr. Costa represents the first of nearly a hundred patients and providers
expected to go to trial on arrests that have occurred since the U.S. Supreme
Court ruling in Gonzales v. Raich. At least 91 patients and providers have been
arrested and currently await trial in federal court.
WHEN: Tuesday, November 7, 2006 at 9:00 am for jury selection. The trial will continue on November 8, but then recess until November 14.
WHERE: Courtroom of Judge Anthony W. Ishii, U.S. District Court, 2500 Tulare
Street, Fresno, California
Newshawk: user - 420 Magazine
Source: DrugSense.org
Pubdate: 6 November 2006
Copyright: 2006 DrugSense
Contact: info@drugsense.org
Website: DrugSense: Drug Law Reform
