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Legal Medical Marijuana Distributor Convicted of... Marijuana Distribution?!? [FEATURE]

The second time was the charm for anti-medical marijuana San Diego District Attorney Bonnie Dumanis. Last year, she failed to convict San Diego medical marijuana dispensary operator Jovan Jackson on distribution charges. But on Tuesday, after Dumanis convinced the trial judge to not allow Jackson to mention medical marijuana in his defense, a state court jury found him guilty of three counts of marijuana possession and distribution.

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Jovan Jackson
Jackson's attorney announced Wednesday that he will appeal the decision. It is about time for a state appellate court to clear up some of the confusion around the state's medical marijuana Compassionate Use Act, said Dale Gieringer, head of California NORML.

"The verdict doesn't surprise me since they rigged the trial," said Gieringer. "It will be appealed, and it's probably a good appellate case. I think it's time for an appellate court decision on all this, or a new law to clarify the legality of marijuana distribution. Until we change the law, we have to rely on the courts."

"By refusing him a defense, the district attorney and the court have railroaded Jackson and ensured his conviction," said Americans for Safe Access (ASA) chief counsel Joe Elford, who submitted an amicus brief in support of Jackson prior to his trial. "Jackson was denied a fair trial," Elford continued. "His conviction and the basis on which the court relied in refusing him a defense -- that sales are illegal under state law -- should absolutely be appealed."

Jackson was the operator of the Answerdam Alternative Care Collective, a San Diego medical marijuana dispensary. He was arrested in 2008 in one of Dumanis' anti-medical marijuana raids, but was acquitted last December. He was arrested again during a series of raids in September 2009, and this time, Dumanis was able to convince Judge Howard Shore to not allow Jackson to mention medical marijuana in his defense.

"After the embarrassment of losing the first trial against Jovan Jackson, District Attorney Dumanis was desperate for a conviction," said Eugene Davidovich, head of the San Diego ASA chapter, and another dispensary operator whom Dumanis prosecuted but failed to convict. "Jackson should not have been denied a defense and should not be used as a scapegoat for the district attorney's misguided position that medical marijuana sales are illegal."

"We believe the basis on which the judge refused to allow the medical marijuana defense is flawed," said ASA spokesman Kris Hermes. "It had to do with an interpretation of the medical marijuana program act that is based on the collective and cooperative cultivation statute only allowing distribution, not sales. If anyone had half a brain, they would see that it exempts collectives and co-ops from prosecution for a variety of charges, including sales. That was the basis of our amicus brief filed before the trial, but apparently never considered by Judge Shore."

"The DA down there is on a crusade to somehow convict people of medical marijuana," said Gieringer. "She's hoping she can score a victory in court on this. The law is certainly vague, and that has given her lots of opportunities, but until now, she had struck out on her jury trials, although she did get a bunch of defendants to plead guilty on minor charges."

"To be fair, as aggressive and mean-spirited as Dumanis has been, she is part of a culture in San Diego that has a sordid history of hostility around these issues," said Hermes.

The pattern of hostility can be seen in the county Board of Supervisors' failed 2006 lawsuit to avoid having to implement the state medical marijuana ID card program, and in continued aggressive action against dispensaries in the area. In 2007 and 2008, during the Bush administration, there were more than 50 raids against dispensaries. Most recently, Dumanis worked with the Obama administration to conduct 20 raids on dispensaries in San Diego on September 9, 2009, which resulted in the failed prosecution of Davidovich and the successful second prosecution of Jackson.

But as hostile as San Diego has been to medical marijuana, things are changing. Both the San Diego City Council and the county Board of Supervisors are now developing medical marijuana distribution ordinances that would regulate the very activity for which Jackson was convicted. In June, a San Diego grand jury issued recommendations calling on local governments to implement the state medical marijuana law. In particular, the grand jury called for the city and county to develop a "program for the licensing, regulation and periodic inspection of authorized collectives and cooperatives distributing medical marijuana."

The second time may have been the charm for Dumanis in the Jovan Jackson case, but if local governments act to implement the state's medical marijuana law, it may well be the last hurrah for her anti-medical marijuana crusade.

San Diego, CA
United States

Jailed Swiss Marijuana Advocate Renews Hunger Strike

Swiss cannabis pioneer Bernard Rappaz has renewed his hunger strike after being returned to prison on the failure of his appeal to the country's Federal Tribunal. Rappaz is serving a 68 month sentence for cannabis distribution after running afoul of conservative pot laws in the canton of Valais, where he lives.

Free Bernard Rappaz campaign poster
Rappaz had been on a 50-day hunger strike while imprisoned earlier this year and was hospitalized in Bern while Valais authorities dithered over whether to force-feed him against his written wishes. Instead, they released him to house arrest last month pending his appeal.

The appeal was turned down last week and Rappaz was returned to prison. He restarted his hunger strike on Monday.

Rappaz, a long-time cannabis and hemp activist, has long been a burr under the saddle of authorities in the conservative canton. They responded first with his original prosecution and sentencing (a partner was sentenced only to parole), then again by bringing a series of new charges against him shortly after he was released on house arrest last month. The new charges, for offenses that allegedly took place between 2002 and 2006, include document falsification, money laundering, violation of drug laws, and social benefits fraud.

There is an international campaign to free the Swiss activist, who is sometimes referred to as "the Gandhi of hemp." There is a French language Support Bernard Rappaz Facebook page and Solidarity with Bernard Rappaz web site. For English speakers, the European Coalition for a Just and Effective Drug Policy (ENCOD) has a Bernard Rappaz web page.

Switzerland

Texas Now Prosecuting TWO Medical Marijuana Patients [FEATURE]

Asthmatic medical marijuana patient Chris Diaz sits in jail in Brownwood, Texas, facing up to life in prison for a half ounce of marijuana and three grams of hash. Quadraplegic medical marijuana patient Chris Cain may be joining Diaz behind bars in Beaumont, Texas, after he goes to trial next week. When it comes to medical marijuana, Texas isn't California (or even Rhode Island), and don't you forget it, boy!

seat of injustice
Chris Diaz is learning that the hard way. He was supposedly pulled over for an expired license tag (his defenders say the tag was not expired) while en route from Amarillo to Austin, and according to the DPS trooper's report, would not produce a drivers' license or proof of insurance. He was then arrested for failure to identify, and during a subsequent search, police found a small amount of hashish on his person. A search of the vehicle then turned up additional hash and marijuana in a pill bottle from a California medical marijuana provider. Now, Diaz is facing up to life in prison after being indicted by a Brown County grand jury. He is charged with possession of a controlled substance with intent to deliver, a first-degree felony in the Lone Star State.

Under Texas law, possession of less than two ounces of marijuana is a Class B misdemeanor punishable by up to six months in jail, while possession of hashish is either a state jail felony punishable by up to two years for less than a gram, or a second-class felony punishable by up to 20 years if less than four grams, although probation is also possible.

But because police allegedly read a text message on Diaz's seized cell phone advising a friend that he had some great hash and asking if he wanted any, he was instead indicted on the trafficking charge, punishable by up to life in prison. He remains behind bars -- without his medicine -- on a $40,000 cash bond.

Diaz was diagnosed with asthma just before he turned three, his mother, Rhonda Martin said. "He was on medications ever since. He used a nebulizer, all kinds of inhalers, Albuteral, Advair. He stopped taking them when he was 14 because he didn't like the effects," she recalled. "He said the steroids made him feel agitated and wouldn't take those chemical medications anymore."

While the family was aware of medical marijuana, it was only when Diaz fell ill during a family vacation in California and was hospitalized in intensive care that they first learned about medical marijuana for the treatment of asthma. "We were put in touch with a doctor there, and he recommended it. It was his recommendation Chris was carrying," said Martin.

Neither Brown County prosecutors nor Diaz's court-appointed public defender had responded to Chronicle requests for comment by press time.

Diaz and some of his strongest supporters, including his mother, consider themselves "sovereign citizens," and have a web site, I Am Sovereign, in which they argue their case and attempt to win support for Diaz. But that set of beliefs, which precludes carrying government-issued identification, is also complicating things for Diaz. "Failure to identify" was the first charge he faced, and he was searched and the cannabis was found subsequent to being charged with that. Similarly, the authorities' lack of any records or ID for Diaz played a role in the setting of the high bail.

He's not having an easy time of it in jail, said Martin. "He is not receiving any medical attention. He eats only organic food, but he's not getting that. He was assaulted last Sunday by a jailer when he asked for medication. The jailer got in his face and started screaming and pushing him. Chris didn't react. He is a peaceful man."

"The reality is that this kid is in jail for having medical marijuana and is looking at life in prison," said Stephen Betzen, director of the Texas Coalition for Compassionate Care, which is lobbying for a medical marijuana bill next year in the state legislature. "You've got to be kidding me. You don't give drug addicts life in prison, so why would you do that to a patient with a legitimate recommendation from another state?"

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Chris Cain
Betzen also had real issues with Diaz being stopped in the first place. "The fact of the matter is that Chris was driving home to Austin with legal plates," he said. "The cops lied and said they were expired. Not only did they lie to pull him over, they took a kid with no record and charged him with a life sentence offense for three grams of hash. The people who are perpetrating this need to be brought to justice and their victims need to be released from jail," said Betzen. "You can't just pull people over because they're brown or from California and begin to search them. There's a whole amendment about that."

"I'm surprised somebody is facing a life sentence for basically half an ounce," said Kris Hermes, spokesman for the medical marijuana support group Americans for Safe Access. "But in states that don't have medical marijuana laws, authorities are free to arrest and prosecute regardless of whether it is being used medicinally."

Meanwhile, over in Hardin County in East Texas, Chris Cain, 39, will be rolling his wheelchair to court next week, where the quadriplegic faces a jail sentence for possessing less than two ounces of medical marijuana. Cain, who was paralyzed in a diving accident as a teenager, has been an outspoken medical marijuana advocate for a decade.

He was arrested in 2005 when the Hardin County Sheriff's Office raided his home with the assistance of two helicopters, seized three joints, and threw him in jail. He wound up on probation, but could not use his medicine.

"Within six weeks, the spasticity was so bad he was developing bed sores," said Betzen, so he started using again. "The cops would come by every two weeks to see if he was healthy enough to go to jail."

Now, he faces trial again for possession. "They actually want to put him in jail," exclaimed Betzen. "The sheriff there really has a vendetta against him."

While Texas certainly needs to enter the 21st Century when it comes to medical marijuana, the problem is larger than the Lone Star State, said Hermes. "It's critical that we develop a federal medical marijuana law so that people are not treated differently in Texas than in California, and patients who need this medicine in Texas should be allowed to use it with fear of arrest and prosecution. Americans for Safe Access is committed not only to encouraging states to pass medical marijuana laws irrespective of federal policy, but also to push the federal government to develop a policy that will treat patients equitably no matter where in the US they live."

TX
United States

Swiss Pol Who Probed Secret CIA Prison System Says Legalize Drugs

In an interview Friday with the Austrian newspaper Kurier and reported in the Swiss newspaper Tagesanzeiger, prominent Swiss politician Dick Marty called drug prohibition a failure. Drugs should instead be legalized, taxed and regulated, he said.

Dick Marty
Marty was the state prosecutor in Ticino for 15 years and in 1987 won an award from the International Narcotic Enforcement Officers Association. He was elected to the Swiss Council of State in 1995 and the Parliamentary Assembly of the Council of Europe in 1998. He has hold both positions ever since. Marty gained international prominence when he was appointed by the Council to investigate the collaboration of various European governments in the CIA's secret prison program and issued a damning report in 2006.

Drug prohibition has been "a total bust," Marty said Friday. "It only leads to high prices and corresponding profits for the drug mafia, without diminishing the access to drugs."

Recalling his years as a prosecutor, Marty added that it was only the small-time dealers who got paraded through the courts, while the drug lords were "little bothered" and stayed in luxury hotels. And despite the endless low-level prosecutions, it has never been so easy to get drugs, he added.

Money wasted on enforcing drug prohibition could instead be spent on prevention, and after legalization, governments could control the drug sector through regulation and taxation, as is the case with alcohol and tobacco, Marty said.

Although he conceded that "drug prices will fall" and consumption would rise -- perhaps only temporarily -- if prohibition is ended, Marty said societies must confront the problem of consumption, much as the US did after the end of Alcohol Prohibition. He pointed to a Swiss example, as well: the use of heroin maintenance programs to reintegrate hard-core addicts into the social fabric. "These people are supported medically and they can work again," he said.

Ending prohibition must be a global affair, he said, pointing to the emerging discussion of the theme in Mexico as it is buffeted by prohibition-related violence that has left 28,000 dead in the past 3 ½ years. Still, Marty isn't holding his breath. "Worldwide drug legalization isn't going to happen" in my lifetime, he predicted.

Dick Marty is only 65. Let's see if we can't prove him wrong.

Switzerland

Medical Marijuana Patient Faces Life in Prison for a Half Ounce in Texas

A Texas asthma sufferer who went to California for a medical marijuana recommendation and then got busted in June on a Texas highway with small amounts of marijuana and hashish is facing up to life in prison after being indicted by a Brown County grand jury. He is charged with possession of a controlled substance with intent to deliver, a first-degree felony in the Lone Star State.

Chris Diaz
Chris Diaz, 20, has been jailed on $40,000 bond since the June 27 arrest. He was busted with 14 grams of weed and hash.

Under Texas law, possession of less than two ounces of marijuana is a Class B misdemeanor punishable by up to six months in jail, while possession of hashish is either a state jail felony punishable by up to two years for less than a gram, or a second-class felony punishable by up to 20 years if less than four grams, although probation is also possible. It is unclear exactly how much hash Diaz had.

Diaz was pulled over for an expired license tag while en route from California to Austin, and according to the DPS trooper's report, could not produce a drivers' license or proof of insurance. He was then arrested for failure to identify, and during a subsequent search, police found a small amount of hashish on his person. A search of the vehicle then turned up more hash and marijuana in pill bottle from a California medical marijuana provider.

The DPS report said the search also turned up a cell phone "containing text messages referring to drug sales" and a notebook with "drug and law writings." Those are apparently the basis, legitimate or otherwise, for the drug distribution charge.

Texas does not have a medical marijuana law, and its authorities do not recognize having a recommendation from another state as a defense against prosecution.

Diaz has attracted supporters both inside Texas and nationally. The Texas Coalition for Compassionate Care and a group called I Am Sovereign are publicizing the case and pressuring Brown County officialdom. And the asthmatic Diaz sits in jail in Central Texas awaiting trial, without his medicine.

Brownwood, TX
United States

Prosecution: Kentucky Supreme Court Rules Pregnant Women Cannot Be Criminalized for Drug Use

Women who take illegal drugs while pregnant cannot be charged with child endangerment crimes for doing so, the Kentucky Supreme Court ruled last Friday. The court held that such prosecutions are unlawful under the state's Maternal Health Act of 1992, which expressly forbids charging women with a crime if they drink or do drugs during pregnancy.

The case is Cochran v. Kentucky, in which Casey County prosecutors charged Ina Cochran with first-degree wanton endangerment after she gave birth to a child who tested positive for cocaine in 2005. Cochran's attorney moved to have the charges dismissed, and a Casey Circuit Court judge agreed, but prosecutors appealed to the state Court of Appeals, which held that the charges could be allowed.

The state Supreme Court overturned the Court of Appeals ruling, arguing that the appeals court had erred both because its decision was intolerably vague and because the Kentucky legislature had expressly held that pregnant women were not to be prosecuted for drug use. "It is the legislature, not the judiciary, that has the power to designate what is a crime," the opinion said.

In passing the Maternal Health Act of 1992, the legislature explicitly stated that "punitive actions taken against pregnant alcohol or substance abusers would create additional problems, including discouraging these individuals from seeking the essential prenatal care."

The high court cited a similar earlier case it had decided, and that quotation is worth repeating:

"The mother was a drug addict. But, for that matter, she could have been a pregnant alcoholic, causing fetal alcohol syndrome; or she could have been addicted to self abuse by smoking, or by abusing prescription painkillers, or over-the-counter medicine; or for that matter she could have been addicted to downhill skiing or some other sport creating serious risk of prenatal injury, risk which the mother wantonly disregarded as a matter of self-indulgence. What if a pregnant woman drives over the speed limit, or as a matter of vanity doesn't wear the prescription lenses she knows she needs to see the dangers of the road?

"The defense asks where do we draw the line on self-abuse by a pregnant woman that wantonly exposes to risk her unborn baby? The Commonwealth replies that the General Assembly probably intended to draw the line at conduct that qualifies as criminal, and then leave it to the prosecutor to decide when such conduct should be prosecuted as child abuse in addition to the crime actually committed.

"However, it is inflicting intentional or wanton injury upon the child that makes the conduct criminal under the child abuse statutes, not the criminality of the conduct per se. The Commonwealth's approach would exclude alcohol abuse, however devastating to the baby in the womb, unless the Commonwealth could prove an act of drunk driving; but it is the mother's alcoholism, not the act of driving that causes the fetal alcohol syndrome. The 'case-by-case' approach suggested by the Commonwealth is so arbitrary that, if the criminal child abuse statutes are construed to support it, the statutes transgress reasonably identifiable limits; they lack fair notice and violate constitutional due process limits against statutory vagueness."

Somebody ought to tell them in South Carolina, where the courts have upheld the prosecution and imprisonment of pregnant women who used drugs.

Medical Treatment or Conspiracy? The Physician's Dilemma in Treating

Medical Treatment or Conspiracy? The Physician's Dilemma in Treating Celebrities Description From 6:30 p.m. to 8:30 p.m. at the Association of the Bar of the City of New York, 42 West 44th Street (between 5th and 6th Aves.). This symposium will cover the criminal and civil liability and ethical dilemmas facing doctors when treating the affluent, influential or famous patient. With a case loosely based upon recent celebrity deaths due to overdose, a panel of medical & legal experts will engage in a town hall type discussion about how and why doctors find themselves in trouble with the law, and what their best defense might be. Moderator: MARGARET MAYO, Gaffin & Mayo, P.C. Speakers: ANNE PRUNTY, Assistant District Attorney, New York County; ROY NEMERSON, Deputy Counsel, New York State Office of Professional Medical Conduct; MICHAEL KELTON, Abrams, Fensterman, Fensterman, Eisman, Greenberg, Formato & Einiger, LLP; ALFREDO MENDEZ, Abrams, Fensterman, Fensterman, Eisman, Greenberg, Formato & Einiger, LLP; WILLIAM HUNTER, M.D., Attending Psychiatrist, Woodhull Medical Center of New York City Health and Hospitals Corporation; Russell K. Portenoy, M.D., Chairman, Department of Pain Medicine and Palliative Care, Beth Israel Medical Center, New York; Kenneth Prager, M.D., Professor of Clinical Medicine, Columbia College of Physicians and Surgeons, Director, Clinical Ethics, Chairman, Medical Ethics Committee, New York Presbyterian Hospital, Columbia University Medical Center Sponsored by: Committee on Drugs & the Law, Susan J. Guercio, Chair; Committee on Bioethical Issues, Beverly J. Jones, Chair Please register online here: https://www.nycbar.org/EventsCalendar/register/?event=1398&price=1081
Date: 
Wed, 05/26/2010 - 7:30pm - 9:30pm
Location: 
42 West 44th Street
New York, NY
United States

Prohibition: Drug War is a Failure, Associated Press Reports

In a major, broad-ranging report released Thursday, the Associated Press declared that "After 40 Years, $1 Trillion, US War on Drugs Has Failed to Meet Any of Its Goals." The report notes that after four decades of prohibitionist drug enforcement, "Drug use is rampant and violence is even more brutal and widespread."

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The AP even got drug czar Gil Kerlikowske to agree. "In the grand scheme, it has not been successful," Kerlikowske said. "Forty years later, the concern about drugs and drug problems is, if anything, magnified, intensified."

The AP pointedly notes that despite official acknowledgments that the policy has been a flop, the Obama administration's federal drug budget continues to increase spending on law enforcement and interdiction and that the budget's broad contours are essentially identical to those of the Bush administration.

Here, according to the AP, is where some of that trillion dollars worth of policy disaster went:

  • $20 billion to fight the drug gangs in their home countries. In Colombia, for example, the United States spent more than $6 billion, while coca cultivation increased and trafficking moved to Mexico -- and the violence along with it.
  • $33 billion in marketing "Just Say No"-style messages to America's youth and other prevention programs. High school students report the same rates of illegal drug use as they did in 1970, and the Centers for Disease Control and Prevention says drug overdoses have "risen steadily" since the early 1970s to more than 20,000 last year.
  • $49 billion for law enforcement along America's borders to cut off the flow of illegal drugs. This year, 25 million Americans will snort, swallow, inject and smoke illicit drugs, about 10 million more than in 1970, with the bulk of those drugs imported from Mexico.
  • $121 billion to arrest more than 37 million nonviolent drug offenders, about 10 million of them for possession of marijuana. Studies show that jail time tends to increase drug abuse.
  • $450 billion to lock those people up in federal prisons alone. Last year, half of all federal prisoners in the US were serving sentences for drug offenses. [Editor's Note: This $450 billion dollar figure for federal drug war prisoners appears erroneous on the high side. According to Department of Justice budget figures, funding for the Bureau of Prisons, as well as courthouse security programs, was set at $9 billion for the coming fiscal year.]

The AP notes that, even adjusted for inflation, the federal drug war budget is 31 times what Richard Nixon asked for in his first federal drug budget.

Harvard University economist Jeffrey Miron told the AP that spending money for more police and soldiers only leads to more homicides. "Current policy is not having an effect of reducing drug use," Miron said, "but it's costing the public a fortune."

"President Obama's newly released drug war budget is essentially the same as Bush's, with roughly twice as much money going to the criminal justice system as to treatment and prevention," said Bill Piper, director of national affairs for the nonprofit Drug Policy Alliance. "This despite Obama's statements on the campaign trail that drug use should be treated as a health issue, not a criminal justice issue."

"For the first time ever, the nation has before it an administration that views the drug issue first and foremost through the lens of the public health mandate," said economist and drug policy expert John Carnevale, who served three administrations and four drug czars. "Yet... it appears that this historic policy stride has some problems with its supporting budget."

Of the record $15.5 billion Obama is requesting for the drug war for 2011, about two thirds of it is destined for law enforcement, eradication, and interdiction. About one-third will go for prevention and treatment.

The AP did manage to find one person to stick up for the drug war: former Bush administration drug czar John Walters, who insisted society would be worse if today if not for the drug war. "To say that all the things that have been done in the war on drugs haven't made any difference is ridiculous," Walters said. "It destroys everything we've done. It's saying all the people involved in law enforcement, treatment and prevention have been wasting their time. It's saying all these people's work is misguided."

Uh, yeah, John, that's what it's saying.

Pain Medicine: Kansas Doctor and Wife Go on Trial in "Pill Mill" Case

A Kansas doctor and his wife who operated a pain management clinic in Haysville until their arrest by DEA agents in December 2007 went on trial in federal court in Wichita this week. Federal prosecutors charge that Dr. Stephen Schneider and his wife and nurse, Linda, ran a "pill mill" that illegally distributed pain-relieving drugs to addicted patients, but the Schneiders and their supporters say he is a compassionate doctor who provided high dose prescriptions to patients suffering from chronic pain because that's what they needed.

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PRN billboard defending the Schneiders
The Schneiders are charged under a multi-count indictment with conspiracy to illegally distribute drugs, money laundering, and health care fraud. Prosecutors say 68 of their patients died of drug overdoses and hold them responsible for 21 of those deaths. The Schneiders' attorneys say they were not responsible for any patient deaths.

The Schneiders and their supporters, including the Pain Relief Network, a national pain advocacy group, argue that they ran afoul of an overzealous federal prosecutor, Assistant US Attorney Tanya Treadway, who is improperly prosecuting them for their prescribing decisions. This prosecution, they say, is part of a broader attack on doctors who prescribe high levels of opioid pain medications by the DEA and federal prosecutors.

Treadway has also gone after the Pain Relief Network, first unsuccessfully seeking a gag order to block the group's leader, Siobhan Reynolds, from criticizing the prosecution, and then using an obstruction of justice investigation to demand that Reynolds turn over all documents related to the group's effort in the case. Reynolds initially refused, but relented after a contempt citation and accrued fines of $36,500.

In opening arguments this week in what is expected to be a two-month trial, Assistant US Attorney Treadway portrayed the Schneiders as greedy criminals. "This is a case about money, not medicine," she told jurors. Treadway said prescriptions were dispensed when Schneider was not president (but did not mention that physician assistants employed by the clinic could legally prescribe the drugs). "This caused abuse, overdoses, and deaths," she claimed.

Treadway even used the clinic's architectural style against the Schneiders, comparing its appearance to that of a Mexican restaurant. "And like a Mexican restaurant, people lined up at the door, waiting to get in," the prosecutor said.

But Stephen Schneider's attorney, Lawrence Williamson, likened the government's case the Dan Brown novel, "The Da Vinci Code," calling it "historical fiction." Williamson argued that the Schneiders were taking in Medicaid patients no one else would and billing the government more than any other doctor in the state. "He was costing them too much money," so the government decided to shut him down, the attorney argued.

While Treadway hammered on the 68 deaths among Schneider patients, Williamson pointed out that the practice had cared for more than 10,000 patients and was not aware of the extent of overdoses until federal prosecutors filed criminal charges against them.

Kevin Byers, representing Linda Schneider, who managed the clinic, said the couple were not guilty of the conspiracy charges. "The only thing they conspired in was a marriage," he said. "They ran a business together. That's the only conspiracy."

Stay tuned for more updates on the trial as it progresses.

Feature: The Clock is Ticking on Canadian "Prince of Pot" Marc Emery's Extradition

Canadian "Prince of Pot" Marc Emery's battle to avoid being extradited to the US to serve a five-year federal prison sentence for selling pot seeds over the Internet continues as the clock ticks down toward May 10 -- the date by which Canadian Justice Minister Rob Nicholson is to decide whether to okay his extradition or not. Emery and his supporters are fighting to the bitter end, and they're picking up some significant support along the way.

http://stopthedrugwar.com/files/marcandjodieemery.jpg
Marc and Jodie Emery (courtesy Cannabis Culture)
Last month, members of all three major English speaking political parties, including the ruling Conservatives, handed in 12,000 signatures on petitions to parliament demanding he not be extradited and addressed the House of Commons on the issue. Shortly thereafter, the French speaking Bloc Quebecois announced it, too, was joining the cause of keeping Emery in Canada.

Emery was Canada's best known marijuana legalization advocate and a leading funder of marijuana reform groups there and in other countries when he was arrested in Vancouver on a US warrant for marijuana seed-selling after being indicted by a federal grand jury in Seattle. He faced up to life in prison under the US charges.

Emery, his supporters, and other marijuana reformers have argued that he was arrested for political reasons -- for his support of the legalization cause -- and the gleeful words of then DEA administrator Karen Tandy provided valuable ammunition for the claim. Emery's arrest was "a significant blow not only to the marijuana trafficking trade in the US and Canada, but also to the marijuana legalization movement," Tandy said in a statement the day of the bust.

"His marijuana trade and propagandist marijuana magazine have generated nearly $5 million a year in profits that bolstered his trafficking efforts, but those have gone up in smoke today. Hundreds of thousands of dollars of Emery's illicit profits are known to have been channeled to marijuana legalization groups active in the United States and Canada. Drug legalization lobbyists now have one less pot of money to rely on," Tandy gloated.

For four years, he and his employees and fellow indictees, Michelle Rainey and Greg Williams, negotiated with federal prosecutors, before Rainey and Williams struck plea deals that allowed them to simply remain in Canada. Then, last September, Emery himself agreed to a plea bargain that would see him serve five years in US prison.

Emery was detained in Canada on September 28 and was jailed until mid-November before he was released pending the justice minister's decision on whether to approve his removal to the United States. Since then, the campaign to block his extradition has gone all out. Even in prison, Emery did podcasts -- "potcasts," the magazine calls them -- and since his release, he has been as media-friendly as ever. He has used his Cannabis Culture magazine as a bully pulpit and established a No Extradition! web site to further the cause.

The high point of the campaign so far came on March 12 when three members of parliament, Conservative MP Scott Reid, New Democratic MP Libby Davies, and Liberal MP Ujjal Dosanjh stood before parliament in Ottawa to deliver the petitions. All three told the Commons that extraditing Emery for what is considered a non-serious offense in Canada was unfair.

MP Reid, a Conservative leader in the House, reminded the Commons that the Extradition Act specifies that the justice minister "shall refuse to surrender a person when that surrender could involve unjust or undue or oppressive actions by the country to which he is being extradited."

Reid pointed out that Health Canada used to refer medical marijuana patients to Emery's seed bank. He also noted that Canadian courts had found that $200 fines were appropriate for seed sellers, while Emery faced up to life for the same offense in the US.

"It appears to me that we have assisted a foreign government arresting a man for doing something that we wouldn't arrest him for doing in Canada," said MP Dosanjh. "As a former premier and a former attorney-general, I sense a certain degree of unfairness in the process. Countries don't usually extradite people to countries where they could face inordinate penalties."

"Many dedicated individuals have collected approximately 12,000 petitions reflecting a strong belief that Mr. Emery or any Canadian should not face harsh punishment in the US for selling cannabis seeds on the Internet when it is not worthy of prosecution in Canada," said MP Davies. "The petitioners call on Parliament to make it clear to the Minister of Justice that such an extradition should be opposed. I am very pleased to present this; I think it is a very strong reflection of Canadians' views on this matter and we hope that the Parliament of Canada will act on this, and certainly the Minister of Justice will take this into account."

"My prospects are getting better," said an ever optimistic Emery. "There have been more than 50,000 communications -- phone calls, letters, emails -- to the justice minister, and we have members of all four major political parties, including the governing party, presenting petitions urging the minister not to extradite. We also have the last three mayors of Vancouver agreeing to sign a statement urging the government not to extradite."

Support is palpable in his adopted hometown, Emery said. "I can't go 50 feet in this city without people stopping me on the street," he said from his downtown Vancouver building. "I have lots of support in this province and throughout the country. I enjoy a lot of positive affirmation. For me, this has been excellent -- I've been giving interviews all over the world, and the movie 'Prince of Pot' is being translated into Mongolian! The national TV network there has permission to do two documentaries on pot, and I'm in both of them."

Now, all eyes turn toward Justice Minister Nicholson. A month from now, he will decide whether to extradite Emery or not -- or he may punt. The minister has the option of applying for an extension on his decision.

There is precedent for the minister to seek an extension, said attorney Kirk Tousaw, who has worked on Emery's case. "Renee Boje was committed for extradition, and the decision sat on the desk of three different justice ministers for five years," he pointed out. "Renee was a US citizen who committed offenses in America, so she seemed like a much more reasonable prospect for extradition than Marc, who has never gone to America or committed any crimes there."

In the meantime, the campaign to keep Emery in Canada continues to gather support and argue the position that his was a politically motivated prosecution. "If the minister believes the prosecution to be politically motivated, he is prohibited from extraditing," said attorney Kirk Tousaw, who has worked on Emery's case. "I don't know if he will take that position. The minister may need a lot of time to consider his options."

The calculations may be as much political as legal, Tousaw said. "This is a minority Conservative government that is attempting to pass unpopular mandatory minimum sentences for drug crimes, and there will be an election sometime this year or early next year," he argued. "I think that extraditing Marc Emery will be politically costly to the Conservative Party. I'm not sure they can afford to do it if they want to form a majority government."

"The government does want to extradite me," said Emery, "but the public pressure not to do it is substantial. There is nothing to be gaining by extraditing me, and it will piss off a couple of million voters in the next election."

A month from now, we will know whether the Conservative government is willing to sacrifice the gadfly Emery on the altar of the drug war, or whether it is too concerned about the potential backlash to either reject extradition or postpone the decision.

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