Spliff Twister
New Member
SKY VALLEY - Garry Silva walks with a cane and winces just trying to sit down, a result, he says, of injuries suffered in March when federal agents burst into his rural home near Desert Hot Springs and raided his marijuana plants.
Silva, 53, who was growing marijuana to help him manage pain associated with a degenerative disk disorder in his neck, represents the risk medical marijuana users face: Although the state allows people to grow marijuana for medical reasons, federal law does not make such a distinction.
The result is a mushy soup of conflicting rules that makes Silva's wife, Krista, hesitate to even mention that there are homemade marijuana cookies in the refrigerator.
The U.S. Drug Enforcement Administration does not keep track of arrests or seizures related to medical marijuana users because the federal government considers it illegal to grow marijuana for any reason.
But William Dolphin, a spokesman for Americans for Safe Access, a medical marijuana advocacy group in Oakland, said his office gets calls almost every week from people complaining about such raids.
"These are patients who are managing debilitating illness and injury. They are operating on the recommendation of a doctor. For the federal government to spend our tax dollars to prosecute people doing no harm to anyone is unfortunate," he said.
Stephen G. Azzam, assistant special agent in charge of the Drug Enforcement Administration's Riverside district office, said he could not discuss the Silva case because it is still under investigation.
Pot Called 'Gateway Drug'
However, he said the federal government believes marijuana does not serve a medical purpose and views it as a "gateway drug." Many marijuana users end up using harder drugs such as methamphetamine and heroin, he said.
Silva traveled to Washington, D.C., this summer, hoping to convince lawmakers to support a bill that would prevent the Department of Justice from seizing plants belonging to medical marijuana users in California and other states that have sanctioned the practice. Though the bill did not pass, Silva said he will keep fighting.
Silva said he believes he was unfairly targeted and notes that he has not been charged with a crime. He said his marijuana nursery, in a small room next to his garage, consisted of five trays of six plants and about 30 plant clippings. He said he grew the plants for himself and five members of a Palm Desert dispensary, CannaHelp.
"I've done this legal every step of the way. I feel I was picked out of the crowd," he said.
All court documents related to the Silva case, including the search warrant, are under seal.
Azzam said investigations can start a number of ways, including anonymous tips, informants and information from local law enforcement agencies.
Typically, agents talk to the U.S. Attorney's Office before executing a search warrant, Azzam said.
Thom Mrozek, a U.S. Attorney's Office spokesman in Los Angeles, declined to talk about the Silva case.
He said prosecutors rely on internal guidelines to determine what cases to prosecute. Besides the number of plants, prosecutors might consider other factors, such as prior criminal history, in determining whether to file charges, he said.
Excessive Force Alleged
Silva alleges that agents used excessive force when they entered his home, forcing him to the ground and injuring his shoulder and lower back. The injuries, he said, have forced him to scale back custom interior installation work he performs with his wife.
Silva said he also is upset that Riverside County sheriff's officials, who enforce state laws, took part in a raid enforcing federal laws. He filed a claim last week against the county related to the injuries he said he suffered.
Agents have to establish control of the premises in order to ensure officer safety, Azzam said, again without speaking specifically about the Silva case.
Azzam added that the Palm Springs Narcotics Task Force, which conducted the raid, consists of DEA agents and local law enforcement officers who have the authority to enforce federal law.
Sgt. Earl Quinata, a Riverside County sheriff's spokesman, said in a statement that Sheriff Bob Doyle believes that cooperatives and dispensaries are illegal. At the same time, the sheriff "recognizes the Compassionate Use Act of 1996 created some limited legal protection in the way of an affirmative defense," he wrote.
"Each case involving marijuana will be evaluated to determine if it is in the scope of the Act."
Newshawk: Spliff Twister - 420Times.com
Source: PE.com (CA)
Pubdate: September 25, 2006
Author: DOUGLAS QUAN
Copyright: © 2006, The Press-Enterprise Company
Website: The Press-Enterprise: Local News, Sports and Things to Do
Silva, 53, who was growing marijuana to help him manage pain associated with a degenerative disk disorder in his neck, represents the risk medical marijuana users face: Although the state allows people to grow marijuana for medical reasons, federal law does not make such a distinction.
The result is a mushy soup of conflicting rules that makes Silva's wife, Krista, hesitate to even mention that there are homemade marijuana cookies in the refrigerator.
The U.S. Drug Enforcement Administration does not keep track of arrests or seizures related to medical marijuana users because the federal government considers it illegal to grow marijuana for any reason.
But William Dolphin, a spokesman for Americans for Safe Access, a medical marijuana advocacy group in Oakland, said his office gets calls almost every week from people complaining about such raids.
"These are patients who are managing debilitating illness and injury. They are operating on the recommendation of a doctor. For the federal government to spend our tax dollars to prosecute people doing no harm to anyone is unfortunate," he said.
Stephen G. Azzam, assistant special agent in charge of the Drug Enforcement Administration's Riverside district office, said he could not discuss the Silva case because it is still under investigation.
Pot Called 'Gateway Drug'
However, he said the federal government believes marijuana does not serve a medical purpose and views it as a "gateway drug." Many marijuana users end up using harder drugs such as methamphetamine and heroin, he said.
Silva traveled to Washington, D.C., this summer, hoping to convince lawmakers to support a bill that would prevent the Department of Justice from seizing plants belonging to medical marijuana users in California and other states that have sanctioned the practice. Though the bill did not pass, Silva said he will keep fighting.
Silva said he believes he was unfairly targeted and notes that he has not been charged with a crime. He said his marijuana nursery, in a small room next to his garage, consisted of five trays of six plants and about 30 plant clippings. He said he grew the plants for himself and five members of a Palm Desert dispensary, CannaHelp.
"I've done this legal every step of the way. I feel I was picked out of the crowd," he said.
All court documents related to the Silva case, including the search warrant, are under seal.
Azzam said investigations can start a number of ways, including anonymous tips, informants and information from local law enforcement agencies.
Typically, agents talk to the U.S. Attorney's Office before executing a search warrant, Azzam said.
Thom Mrozek, a U.S. Attorney's Office spokesman in Los Angeles, declined to talk about the Silva case.
He said prosecutors rely on internal guidelines to determine what cases to prosecute. Besides the number of plants, prosecutors might consider other factors, such as prior criminal history, in determining whether to file charges, he said.
Excessive Force Alleged
Silva alleges that agents used excessive force when they entered his home, forcing him to the ground and injuring his shoulder and lower back. The injuries, he said, have forced him to scale back custom interior installation work he performs with his wife.
Silva said he also is upset that Riverside County sheriff's officials, who enforce state laws, took part in a raid enforcing federal laws. He filed a claim last week against the county related to the injuries he said he suffered.
Agents have to establish control of the premises in order to ensure officer safety, Azzam said, again without speaking specifically about the Silva case.
Azzam added that the Palm Springs Narcotics Task Force, which conducted the raid, consists of DEA agents and local law enforcement officers who have the authority to enforce federal law.
Sgt. Earl Quinata, a Riverside County sheriff's spokesman, said in a statement that Sheriff Bob Doyle believes that cooperatives and dispensaries are illegal. At the same time, the sheriff "recognizes the Compassionate Use Act of 1996 created some limited legal protection in the way of an affirmative defense," he wrote.
"Each case involving marijuana will be evaluated to determine if it is in the scope of the Act."
Newshawk: Spliff Twister - 420Times.com
Source: PE.com (CA)
Pubdate: September 25, 2006
Author: DOUGLAS QUAN
Copyright: © 2006, The Press-Enterprise Company
Website: The Press-Enterprise: Local News, Sports and Things to Do
