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U.S. VS. Steele Federal Judge Allows Medical Marijuana Defense
This looks like a case that could win at trial, If the Steeles "win at trial’
(i.e. are acquitted of criminal charges in federal court), there is no appeal
possible by the government. In the US, that would be double jeopardy.
OCBC and Raich were both civil, not criminal, proceedings.
* *U.S. v. Oakland Cannabis Buyers’ Cooperative, 532 U.S. 483 (2001)
http://www.iowamedicalmarijuana.org/documents/oakland.aspx
·Gonzales v. Raich, 545 U.S. 1 (2005)
http://www.iowamedicalmarijuana.org/documents/raich.aspx
Raich left the medical necessity defense undecided:
·Raich v. Gonzales, 500 F.3d 850 (9th Cir. 2007)
<http://www.iowamedicalmarijuana.org/documents/raich2007.aspx>
So, that means this case (Steele) is the case where that will be decided.
http://hawaiinewsdaily.com/2010/12/11/u-s-v-steele-federal-judge-allowes-medical-marijuana-defense
U.S. V Steele Federal Judge Allows Medical Marijuana Defense
December 11, 2010
By Thomas http://hawaiinewsdaily.com/author/Thomas
U.S. V Steele is a landmark cannabis case that could change federal
medical marijuana law for all 50 states.
This is the first case that any defendant in the United States has been
allowed to raise an affirmative medical marijuana defense in federal court
Cormac J. Carney, is the presiding federal judge in U.S. v Smith. In a
courageous and historic ruling he decided that the medical marijuana
issues will be heard as testimony. This is the first time this has
happened in U.S. history.
This story started in 2001 when Steele Smith — a law abiding business
man become very ill. He landed in an emergency room. Over the next four
months it happens several more times. But the doctors could not figure
out what was wrong, he is prescribed prescription pain medication,
Steele also loses 40 pounds. Ultimately a rare diseases doctor diagnoses
Steele’s disease as Zollinger-Ellison (Z-E). The disease causes painful
ulcers, making it difficult for patients to eat and is so rare most
doctors have never seen it. The result is extreme pain and nausea.
Doctors prescribe him the strongest acid reducing drug available. For
the severe pain, the doctor also prescribed high doses of morphine and
sent him to a specialist (a pain doctor) who ordered a morphine regimen.
Steele becomes heavily addicted to morphine. With his wife starting in
2004 he begins to try and “kick” his morphine addiction. It almost kills
him and he ends up in the intensive care unit (ICU). Over the next year
and a half Steels battles his morphine addiction. Until after
painstaking research he finds a new drug Suboxin and under the care of a
doctor over several weeks he finally is able to become completely drug
free. However the under lying pain and nausea return. He is unable to
eat or live a normal life. After more research Steele is given a medical
marijuana recommendation, he buys his marijuana at one of the
dispensaries in Los Angeles.
His recovery is nothing short of miraculous with his pain and nausea now
controlled using cannabis Steele is able to eat again and his health
returns. There were no dispensaries in Orange county where the Smith’s
live so they must travel to L.A. to buy cannabis.
Steele and Theresa decide to open a small collective, California
Compassionate Caregivers in their home. After researching the law and
proposition 215 they begin to grow cannabis for safe access patients.
Within a few months they find their patient base growing and by 2006 it
reaches over 1,000.
This does not escape the attention of the local police department and
officers from the Placentia Police Department come to the Steele home
seizing 18 plants, patient records, 4 pounds of medical marijuana, a
small amount of concentrate and cash, but no charges are filed. After
unsuccessfully trying to get his property and records returned
repeatedly and after seeking legal advice Steele decides to sue the city
of Placentia, again simply seeking the return of his property.
The city of Placentia retaliates and moves the case to a federal level.
This quashes Mr. Smith’s standing in the civil court effectively killing
the lawsuit. That was not the end of it as the Smith’s were about to
find out.
On Nov. 1, 2007 in an early morning raid, federal agents storm the
Smith’s two homes using paramilitary style tactics. Officers wearing
masks and paramilitary gear break down the front door and roust the
sleeping couple at gunpoint, holding them at gun point through out the
raid. The agents abuse the couples dogs spraying them with a fire
extinguisher, and one of dog dies four days later.
As is standard procedure during marijuana raids nationwide the officers
destroy the home during the search that follows. The home as are most
homes raided like this, is totally vandalized. In Hawaii county where I
have lived for 30 years they conduct their marijuana raids in exactly
the same way. Doors and gates are broken down, then left wide open for
any and all of the public to take furniture and belongings at will. In
Hawaii the police also rob these homes taking anything they want,
cooking dinner, and joy ridding vehicles around the neighborhoods as
they harass the neighbors searching there homes also even with out
search warrants or probable cause.
In the Smith’s case the police also go to C3?s medical dispensary. They
seize 2 pounds of medical marijuana and a small amount of concentrate.
Police leave the door wide open inviting theft and vandals there also.
Steele, Theresa, Alex Valentine, a young patient with Elephant man’s
syndrome and over thirty surgeries, and Dennis La Londe, a homeless man
recently given shelter, were jailed all but Theresa spent most of the
next year in a maximum security, level-five Federal prison in Los
Angeles. They were all charged with conspiracy to manufacture or grow
marijuana and are facing ten years in federal prison.
Theresa was released after 2 months but forced to post $200,000 bond,
using her dying mother’s home and two signatures to meet the
requirements of the bond. The remaining defendants suffered in federal
prison for another 10 months. When Steele is finally released he must
wear an electronic ankle bracelet for another year. All the defendants
to this day are still required to report regularly to federal pre-trial
services.
While medical marijuana is not technically a legal defense, for the
first time in U.S history the defendants will be able to testify to the
jury that they were operating under prop 215. That testimony will show
they were in complete compliance with California law, and the collective
was very professionally run to provide safe access for patients in
Orange county. The DEA as they always have is portraying these legal
patients as ordinary drug dealers but this time for the first time the
jury will hear the other side.
In an interesting twist the government has offered a deal for time
served to Steel. To his credit and at great risk to himself, he has
decided not to take the deal and faces up to ten years in federal prison
for that decision. Steele Smith wants to go to trial because he believes
the issues are to important and need to be adjudicated, in his fight to
uphold the Tenth Amendment of the United States Constitution, States’
rights allowing safe, legal access to medical marijuana. The Smiths are
true heroes and deserves our support.
For more information, please contact:
Theresa Smith
2166 W. Broadway, #100
Anaheim, CA 92804-2446
714-865-5335
theresasmith.steelescase@gmail.com
Some links on the case.
http://www.steelescase.org/
http://www.steelescase.org/?page=related
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