Medical Marijuana: First New Federal Prosecution in Three Years Underway in Cali.

[BluntKilla]

The US Justice Department had not prosecuted a California medical marijuana patient since 2003, but that changed Wednesday as the federal trial of Merced County medical marijuana patient and provider Dustin Costa got under way in Fresno. Costa, a leading medical marijuana activist, was originally arrested on state charges, but Merced County prosecutors handed his case over to the feds when it became apparent that California's Compassionate Use Act would make it impossible to convict him under California law.

The last federal medical marijuana patient and provider trial in California was the Ed Rosenthal debacle. In that case, Rosenthal was convicted on federal marijuana manufacture charges after the jury was not allowed to hear testimony relating to medical marijuana. Rosenthal was convicted, but when jurors learned the rest of the story, many of them publicly denounced the trial and the verdict, and the federal judge trying the case sentenced him to only one day in jail.

In Costa's case, the 60-year-old retired Marine who headed the Merced Patients Group, a nonprofit cultivation collective, was originally arrested by Merced County sheriff's deputies when they raided a greenhouse he was using to cultivate marijuana for patients in March 2004. But local prosecutors turned the case over to the feds, and Costa was re-arrested on federal charges in August 2005. Since then, he has been imprisoned at the Fresno County Jail. If convicted on the charges, he faces a mandatory minimum 20-year federal prison sentence.

Costa now faces federal charges of cultivation, possession with intent to distribute, and possession of a firearm. As in the Rosenthal case, Costa will not be allowed to even mention medical marijuana or its legality under state law during the trial.

"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, a national medical marijuana 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."

Costa may be the first medical marijuana patient to be tried by the feds since the Rosenthal trial, but he probably will not be the last. According to figures compiled by Americans for Safe Access, at least 91 other California patients and providers have been arrested on federal marijuana charges and are awaiting trial.

Newshawk: BluntKilla - 420Magazine.com
Source: StoptheDrugWar.org
Pubdate: 11/10/06
Copyright: the Drug Reform Coordination Network (DRCNet)
Contact: drcnet@drcnet.org
Website: Raising awareness of the consequences of drug prohibition | Stop the Drug War (DRCNet)

 

[Cherma]

Just another reason why all Marijuana should be Regulated & Taxed. Soon Marijuana will be in this category of being, Manufactured, Regulated, and Distributed by Federal and State run stores, Taxed at 35%. It will be packaged and sold in increments of 1 gram , 3.5 grams, 7 grams, 14 grams, 28 grams. There will be no 454 gram pounds being sold. There will be no 1000 gram kilos being sold. Face the fact all large scale Marijuana Farmers, these are times coming to a city near you. Money is Money, some of you are doing it in the name of Medical Marijuana, and bullshit is being called.
What and Who gives you the Legal right to grow that amount of Marijuana? It was said that it is for Medical Marijuana Patients. BULLSHIT is being called upon you, and there are groups of organized individuals that mean your groups harm. Look within, at who surrounds these groups with themsleves. Most of them are and have been infiltrated for many years by seasoned and well adjusted Men & Women that have authority to " Do Whatever It Takes" to learn every aspect of an "Organization". The War on Marijuana is becoming on the edge of being Controlled by the Government. Revenue Dollars must be produced in order to maintain a Balanced Budget to keep operating. The Federal and State Authorities are in this to the Sweet End. Money is Money and everyone deserves a piece of it. But hey, is not the Government the People. This last elections proved it. The People Spoke out and wanted "CHANGE" no matter what kind of CHANGE just something different than Republicans.Democrats, if you think that you can win and not do anything about it, you too will be Voted Out. That is why the United States of America is the Best Country in this Inhabitable Earth.The People, do have this Power And Right.