Federal Cases

Pending Federal Criminal Cases
Federal Convictions
Federal Civil Lawsuits

 

Since 1996, voters have passed ballot initiatives in eleven states to remove criminal penalties for seriously ill people who grow or possess medical marijuana. In 2001, the Bush administration launched a campaign against medical marijuana. Since the U.S. Supreme Court decision, Gonzales v. Raich, in June 2005, President Bush has used the DEA to step up the war on patients by significantly increasing arrests and prosecutions of patients and providers. The federal government's tactics have included paramilitary raids on patients' homes, as well as raids on facilities that provide medicine to patients. Unfortunately, these attacks result in harsh consequences not only for those who are ostensibly lawful under state laws, but also for taxpayers bearing the brunt of the millions of dollars spent to arrest and prosecute.

According to a November 2002 TIME / CNN poll, 80% of Americans approve of marijuana for medical use. In December 2005, Time Magazine once again correctly illustrated the pulse of American public opinion by commenting that, "Research into the analgesic and anti-inflammatory effects of cannabis continued to bolster the case for the medicinal use of marijuana, making the 'patient pot laws' that have passed in 11 states seem less like a social movement than a legitimate medical trend." Yet, the federal government continues to deny the medical benefits of marijuana in order to wage its war against patients. In fact, federal medical marijuana defendants are not able to present medical evidence during trial. This prohibition of evidence from prosecution resulted in the first juror revolt of its kind following the conviction of Ed Rosenthal.

ASA is fighting for patients' rights at the federal level by advocating for the passage of HR4272, the "Steve McWilliams Truth in Trials Act". Ultimately, only reclassifying marijuana for medical use will end the war against patients, and ASA is using something called the Data Quality Act to force the federal government to begin to reschedule medical marijuana.

Below is an overview of pending federal cases, stemming from raids conducted both before and after the June 2005 Raich decision.

Any of the pending cases listed here could use Court Support. To find out more about how you can help, review our Court Support web page.

See our list of Upcoming Court Dates for any of the pending cases listed below.

In addition, federal defendants currently in prison would like to hear from you. To write to any of the incarcerated defendants listed below, please refer to ASA's list of medical marijuana PoWs.

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Pending Federal Criminal Cases

Pre-Raich (1997-2005)

The following cases are pending federal prosecutions resulting from raids that occurred before the June 6, 2005, Raich v. Gonzales decision.

Cynthia Blake & David Davidson

Medical marijuana patients Cynthia Blake and David Davidson were raided separately at their homes (in Red Bluff, CA and Oakland, CA) in 2003 and were originally brought up on state charges. While both sides were negotiating in their state case in judge's chambers, in January 2004, with the help of the Tehama County District Attorney, Blake and Davidson were arrested on federal charges. They are now facing manufacturing and conspiracy to manufacture more than 1,000 plants, and due to the June 2005 Raich decision have little hope of providing evidence of medical use.

Bernie Ellis

The medical marijuana garden of Tennessee patient Bernie Ellis was raided on August 28, 2002, by Tennessee Marijuana Eradication Task Force, made up of local and federal law enforcement. The task force confiscated Ellis's 20-30 plants, along with a number of un-rooted clones and other property. After inflating the number of plants, the federal government charged Ellis with manufacturing more than 100 plants, carrying a mandatory minimum sentence of 5 years. In 2003, Ellis agreed to a plea bargain, and in September 2005 was sentenced to 4 years of supervised release. The federal government is appealing Ellis's "lenient" sentence, and Ellis continues to fight an asset forfeiture action to take his Tennessee farm from him. Ellis is currently serving 18 months of his 4 years of supervised release in a half-way house in Nashville.

Bryan Epis

The first medical marijuana patient convicted in federal court after the passage of California's Proposition 215, Bryan Epis was arrested June 25, 1997, after Butte County sheriff's officers discovered marijuana plants growing in the basement of his home in Chico. Epis was convicted in July 2002 for cultivating 457 plants and was given a 10-year mandatory minimum sentence. Epis was released on bail August 9, 2004, pending his appeal. At a hearing in late 2005, it was revealed that the federal government had unintentionally destroyed crucial evidence, which may point to prosecutorial misconduct.

Dr. Mollie Fry & Dale Schafer

El Dorado County Medical marijuana physician Mollie Fry and her husband, attorney Dale Schafer, were arrested as a result of a September 28, 2001 raid on their clinic in Cool, California, in which patient records were seized. After the Raich decision, on June 22, 2005, Fry and Schafer were indicted for marijuana found on the premises during the raid. In 2002, the federal government also successfully revoked Fry's DEA license to practice medicine, but Dr. Fry remains a licensed physician in the state of CA.

Joe Kidwell

Medical marijuana patient and activist Joe Kidwell was a California patient for years, but moved to Kentucky after being convicted of cultivation. In Kentucky, Kidwell was raided by the DEA and indicted in August 2002. Kidwell was eventually convicted and is appealing to the U.S. Sixth Circuit Court of Appeals. Oral arguments in the appeal occurred in November 2006. Kidwell is currently in federal prison in Kentucky.

Ed Rosenthal

In October 2006, a superseding indictment was filed against medical marijuana author and cultivator Ed Rosenthal. In addition to being prosecuted on prior charges, stemming from the first indictment, Rosenthal also faced money laundering and tax evasion charges. Rosenthal was arrested in February 2002, along with Rick Watts and Ken Hayes, after the DEA raided the Harm Reduction Center in San Francisco. As a result of not being able to assert a medical defense, Rosenthal was convicted in January 2003 (Watts was unable to stand trial due to injuries sustained from an auto accident; Ken Hayes was absent at trial). After outrage expressed by jurors and supporters alike, U.S. District Court Judge Charles Breyer sentenced Rosenthal on June 3, 2003 to one day in prison. Rosenthal later got his conviction overturned by the federal Ninth Circuit Court of Appeals based on jury misconduct. The case was then remanded to district court, where the government is currently retrying Rosenthal. In February 2007, ASA filed a motion to dismiss based on vindictive prosecution, and on March 14, 2007, in an unusual ruling, Judge Breyer granted the motion and dismissed the tax and money laundering charges against Rosenthal.

Michael Teague

Tustin, CA patient Michael Teague was arrested in May 2002 and charged under state law with cultivating just over 100 immature plants. Teague's charges were dismissed in state court, but he was subsequently re-arrested by BATF and given federal charges. Teague pled guilty to cultivation without waiving his right to appeal, and was sentenced in August 2003 to 18 months in prison. Although Teague expected his appeal to be mounted immediately, due to a failure by the court to produce a trial transcript, he was forced to serve his entire sentence before the appeal got underway. ASA took up Teague's appeal before his release to fight his original conviction. In February 2006, Teague's Tenth Amendment and due process claims were denied by the Ninth Circuit Court of Appeals. However, a claim of improper sentencing resulted in his case being remanded to U.S. District Court for re-sentencing to reduce his current 4-year term of supervised release.

Post-Raich (2005-present)

After the U.S. Supreme Court decision in Gonzales v. Raich, on June 6, 2005, the federal government stepped up its war against patients and engaged in several raids on farms and dispensaries across California. These raids have resulted in more than two-dozen patients and providers being needlessly prosecuted by the federal government, most of whom are listed below. Please consider writing to those defendants that are still incarcerated by visiting our PoW page.

California Healthcare Collective (9)

After the City of Modesto failed to shut down the California Healthcare Collective by banning dispensaries, the DEA was called in. On September 27, 2006, the collective was raided and four people were arrested (two operators and two staff) on charges of distribution of marijuana and conspiracy to distribute. The two operators were also charged with possession of firearms and money laundering. Later, an additional five people were indicted, bringing the total to nine people being prosecuted by the federal government. In the raid, the DEA allegedly seized more than 100 pounds of marijuana, one thousand plants, multiple firearms, and more than $200,000 in cash. The raids were the result of a 15-month investigation between the DEA and the Modesto Police Department. All defendants have been released on bail pending trial, with the exception of Monica Valencia, who was recently imprisoned on a misdemeanor state charge and may be held until her federal trial.

Dustin Costa

Medical marijuana patient and caregiver Dustin Costa (a.k.a. "DC Greenhouse"), who is president of the Merced Patients Group, was being prosecuted on state charges stemming from a March 2004 cultivation arrest by Merced County Sheriffs. After 18 months of state court proceedings, the Merced District Attorney turned his case over to the U.S. Attorney for federal prosecution. On August 10, 2005, federal agents re-arrested Costa and on November 22, 2006, a jury convicted him on federal charges of cultivation, possession with intent to distribute, and possession of a firearm. Costa is currently serving a 13-year sentence in federal prison.

Louis Wayne Fowler

The DEA and Sheriff conducted a raid on Sacramento County dispensary operator Louis Fowler, 51, on July 7, 2005. In addition to the raid on the Alternative Specialties dispensary, allegedly as a result of operating without a business license, three other locations were raided by the DEA and Sheriff where two indoor gardens allegedly with more than 800 plants were found. Fowler was charged federally with manufacture of marijuana and illegal possession of weapons. Fowler is released pending trial in Sacramento.

Local Patients Cooperative (5)

On December 12, 2006, the Local Patients Cooperative (LPC), a dispensary in Hayward, CA was raided by the DEA and IRS. Hayward residents Shon Matthew Squier and Valerie Lynn Herschel, the owner and manager, respectively, of LPC were arrested and both charged federally for conspiracy, distribution and maintaining drug-involved premises. Both defendants are released on bail pending trial. Three other defendants who were arrested in October 2005 for supplying LPC with medical marijuana may have led to the December 2006 raid. San Leandro patient James Peter Chiaverini pleaded guilty to cultivation of over 700 plants. Michael Edward Payne of San Ramon pleaded guilty to conspiracy to manufacture marijuana. Jayson Gordon Westfall of Discovery Bay pleaded guilty to maintaining a facility to manufacture marijuana. The three men were sentenced in May 2007: Chiaverini to five years in federal prison, Payne to six months, and Westfall to two years.

Richard Marino

Sacramento County dispensary operator Richard Marino was raided on September 3, 2004 at Capitol Compassionate Care Center and at his home in Newcastle, CA. DEA agents allegedly seized 250 plants, 20 pounds of processed medical marijuana, and more than $100,000. Criminal charges were not filed for more than a year and a half, but on January 13, 2006, Marino was indicted for conspiracy to distribute marijuana, possession with the intent to distribute marijuana, manufacturing marijuana, and money laundering. The federal government also has forfeiture proceedings pending on Marino's home and the facility in which Marino ran his business.

Thunder Rector

Modesto patient and caregiver Thunder Rector was arrested on July 18, 2005, as a result of a raid by the Stanislaus County Sheriff earlier in July. Allegedly, the Sheriff confiscated 49 plants and 235 pounds of marijuana and handed it over to the feds. Rector is now being prosecuted on federal charges of conspiracy and manufacturing marijuana with intent to distribute. Rector and his wife had been providing medical marijuana to patients at the San Francisco Dispensary the Divinity Tree. Rector is released on bail pending trial.

Sparky Rose & the New Remedies Cooperative Raids (15)

Patient, provider and operator of the New Remedies Cooperative in san Francisco Sparky Rose was the target of DEA raids on October 3, 2006. In addition to the dispensary, DEA agents raided several other locations in San Francisco and Oakland, including administrative offices and grow sites, allegedly seizing 13,000 plants and $125,000 in cash. In addition to Rose, fourteen other New Remedies staff were arrested. All fifteen are charged with manufacture and distribution of marijuana, and Rose was additionally charged with money laundering. These raids are the outcome of an ongoing federal investigation that began in May 2005, after the DEA effectively shut down the Compassionate Caregiver network of dispensaries, of which Rose was a part. All defendants have been released pending trial; Rose was released on $1 million bail.

San Diego Dispensary Raid Defendants (6)

On July 6, 2006, local and federal law enforcement conducted raids on more than ten dispensaries across San Diego County. These raids were a follow up to similar raids in December 2005, where thirteen dispensaries were raided by the DEA, SDPD, and the San Diego Sheriff. At both times, police confiscated medical marijuana, money, patient and financial records, computers and cultivation equipment. In the July raid, however, police arrested at least ten people on state charges and six people on federal charges. The federal defendants include Wayne Hudson, Christopher Larkin, Ross McManus, Scott Wright, Michael Ragin, John Sullivan, who were all charged with conspiracy to manufacture and distribute marijuana. Sullivan has the additional charge of manufacturing marijuana. Hudson, Larkin and McManus are former operators of the "Co-op San Diego" dispensary, while Sullivan operated the "Purple Bud Room" dispensary. All defendants are released on bail or on their own recognizance while they await trial in San Diego.

San Francisco Sunset Dispensary Raid Defendants (33)

On June 22, 2005, less than three weeks after the Raich decision, three dispensaries in the Sunset area of San Francisco were shut down by the DEA, with the full cooperation of the San Francisco Police Department and other local law enforcement agencies. Twenty people were indicted on charges ranging from marijuana cultivation to money laundering. The DEA also worked collaboratively with media to sensationalize the raid by referring to the arrestees as part of an "Asian Mafia." On June 15, 2006, the government issued superseding indictments against the existing defendants and thirteen others, bringing the total number of defendants to thirty-three. At that time, the government also split the case into three separate cases, alleging three different conspiracies. Selective prosecution and other motions have been filed, but have so far been unsuccessful in getting any charges or cases dismissed.

Jeff Sanderson & Alice Wiegand

On August 14, 2006, a local-federal task force arrested Plumas County patients Jeff Sanderson (who also serves as a caregiver for nine other patients) & Alice Wiegand in a raid for allegedly growing more than 260 plants. Though they were released from Plumas County jail within several days, on September 5, 2006, Sanderson was rearrested by federal agents and is being prosecuted on federal charges of manufacturing and conspiracy to manufacture more than 100 marijuana plants. Authorities confiscated all of the plants and medicine, and have initiated asset forfeiture proceedings on their home and family farm. In addition, law enforcement referred the case to CA Child Protective Services, which has removed Sanderson and Wiegand's 10-month old son and then sued them for child support. Sanderson is currently released on bail pending trial.

Federal Convictions

Despite the passage of laws in states that embrace the issue of medical marijuana, the federal government has won well over 20 convictions against patients and providers. This record has forced patients to unnecessarily spend years behind bars. Another tactic used by the federal Drug Enforcement Administration (DEA) to intimidate and harass patients is to raid their home or dispensary, confiscate medicine, equipment, and money, but not file any charges. The number of yet-to-be-prosecuted cases is difficult to determine accurately, but indications are that more than two-dozen exist.

Keith Alden

Sonoma County patient and caregiver Keith Alden was arrested on May 9, 2001 after a raid on his medical marijuana garden, which supplied him and other patients. On February 11, 2002, Alden was convicted by a jury of cultivating more than 100 plants, and sentenced to 5 years probation. Alden was then re-arrested on July 31, 2002, for cultivating while on probation. He was later convicted on December 19, 2002 for growing over 900 plants, and sentenced to 44 months in prison. Alden was released on bail pending appeal in April 2004. The Ninth Circuit Court denied Alden's appeal in June 2006, and upheld his conviction. Alden was ordered by Judge Martin Jenkins to surrender to federal authorities in July 2006, and he is currently in jail serving the remainder of his sentence.

Joe Fortt

One day after the Raich decision, on June 7, 2005, Bakersfield dispensary operator Joe Fortt was raided by the DEA, after the Kern County Sheriff turned evidence of cultivation at three locations over to the federal government. Fortt had previously closed the doors to his medical marijuana dispensary, American Kenpo Kungfu School of Public Health, in anticipation of the Supreme Court ruling. Fortt was subsequently arrested on July 20, 2005. Allegedly, over 2,000 plants were seized and Fortt was charged with conspiracy to distribute and possess more than 1,000 plants. In December 2006, Fortt accepted a plea bargain of time served and deportation to Canada, his country of origin, and he currently resides there.

David Harde & Toby Landis

On June 30, 2006, El Dorado County Sheriffs and federal DEA agents arrested organic farmer and medical marijuana patient David Harde and his wife Toby Landis. The garden that was raided was that of a private five-patient collective, with which Landis had no involvement. Previously, in 2004, the collective garden had been given the green light by county and state police. Then, on September 1, 2005, the El Dorado Sheriff conducted a raid of the garden, arresting and charging Harde and Landis with sales. Unable to prosecute the case under state law, the County was eventually successful at transferring it to the federal government, resulting in the June 2006 arrests. In late 2006, Harde accepted a plea bargain that included a single felony count of manufacturing marijuana, a fine of $240,000, and 30 months in prison. In exchange, the federal government dropped the charges against Landis. Harde is currently serving out his sentence in federal prison.

James Holland

Bakersfield dispensary operator James Holland and two associates were arrested on September 8, 2005, by DEA agents after a multi-law enforcement agency (including Bakersfield PD, Kern County Sheriff, and the Bureau of Alcohol, Tobacco and Firearms) raid on his home and clinic, Free and Easy Cooperative. DEA allegedly confiscated over 200 plants, 20 pounds of dried medical marijuana and an assortment of firearms. Holland was indicted on charges including conspiracy to possess, cultivate, and distribute, as well as possession and cultivation with the intent to distribute, and possession of a firearm. In February 2007, Holland accepted a plea bargain in which he agreed to a 9-year sentence in federal prison and five additional years of supervised release. Holland is currently serving his sentence.

Dennis Franklin Hunter

Humboldt County patient Dennis Hunter had his alleged 12,000 plant garden raided in 1998. In the midst of prosecution, Hunter and his family fled the area until discovered by law enforcement and indicted by the U.S. Attorney in March 2002. Hunter pleaded guilty to conspiracy to manufacture more than a thousand plants and conspiracy to conduct illegal financial transactions involving the sale of marijuana. Hunter was subsequently sentenced in May 2005 to 78 months in federal prison, and is due to be released in June 2007, after which he will serve out five years of supervised release.

Stephanie Landa, Kevin Gage & Thomas Kikuchi

The three defendants were­ arrested on August 15, 2002 for setting up a medical marijuana garden. Despite the cultivation being previously condoned, SFPD arrested them and turned their case over to the federal government. The three pleaded guilty to maintaining a place for manufacture. Landa and Gage were sentenced in August 2003 to 41 months and Kikuchi to 37 months. Gage and Kikuchi have already served their sentences, and Landa began serving her federal prison sentence in January 2007.

Oakland Edible Producers "Beyond Bomb" (12)

On March 16, 2006, the DEA, with the cooperation of local law enforcement agencies, raided multiple grow locations in Oakland and Emeryville, CA. Twelve people were arrested and charged with conspiracy to manufacture and distribute more than 1,000 plants, and manufacturing with intent to distribute. The cultivation, which the feds allege at over 10,000 plants, was being used to produce medical marijuana edibles, under the organizational name, "Beyond Bomb." Edibles produced by this organization have been available at many California-based medical marijuana dispensaries. All twelve defendants have accepted plea bargains, some for misdemeanors and some for felonies. The sentences range from supervised release or under a year in prison for most of the defendants to 70 months in prison and a fine of $250,000 for Kenneth Affolter.

Vernon Rylee

Trinity County patients Vernon and Janet Rylee were arrested by the Sheriff in August 2003 for allegedly growing more than 1,000 plants. The Rylees replanted in spring 2004, and were once again raided. This time, federal agents confiscated their plants but were not able to indict. When the 2003 state case was about to go to trial, on October 18, 2005, the Trinity County District Attorney dismissed the charges against both defendants and handed the case over to the feds. Rylee took a plea deal in 2006 for up to 60 months in federal prison, and is currently serving his time.

Robert Schmidt

Medical marijuana dispensary operator, cultivator, patient, researcher, and founder of Genesis 1:29, Robert Schmidt, was raided by the DEA in Sonoma County on September 13, 2002, for allegedly growing over 3,000 plants. In July 2005, Schmidt took a plea deal and was sentenced to 41 months in federal prison and 3 years of supervised release. Schmidt is currently serving out his sentence.

Federal Civil Lawsuits

Philip Denney, M.D.

In February 2006, Dr. Denney, a physician in practice for over 30 years, received documents which revealed that an undercover agent of the Bureau of Alcohol Tobacco and Firearms (ATF) visited his Redding, CA office and obtained a recommendation using false information and under false pretenses. The government was allegedly investigating a local dispensary that was subsequently shut down. In November 2006, Dr. Denney filed a lawsuit in federal court naming the ATF, DEA, and various local law enforcement agencies, which alleges that his constitutional rights have been violated, and that the actions of law enforcement have had a chilling effect on his relationships patients. The lawsuit seeks to enjoin (prevent) law enforcement not only from investigating Dr. Denney, but also from using him in an investigation.

Michael Lee

San Leandro medical marijuana patient Michael Lee had his 99 marijuana plants seized from him in a 2000 raid by the Contra Costa Sheriff at his previous residence in Richmond. After charges against him were dismissed, Lee filed a motion for return of property. The Contra Costa Superior Court denied the motion on grounds that the case was still under investigation and that the statute of limitations had not run out. After waiting for the three-year statute of limitations to run out, Lee, with ASA's assistance, files another motion for return of property in August 2004. At his hearing, Lee discovered that police have destroyed his property without his consent. The judge denied the motion for return of property, but made comments that are extremely helpful in arguing Fifth and Fourteenth Amendment (due process) violations. In August 2005, ASA filed a lawsuit in federal court on behalf of Lee to challenge local law enforcement's illegal practice of seizing and destroying patient medicine. The case settled in March 2007 with an agreement that Contra Costa County compensate Lee for $8,000.00, the approximate value of the property.

Oakland Cannabis Buyers Club

In 2002, a U.S. District Court in California issued a permanent injunction against the Oakland Cannabis Buyers Club (OCBC), prohibiting them from distributing medical cannabis. The District Court was executing the opinion of the U.S. Supreme Court that heard the case one year earlier, on May 15, 2001. In that opinion, the Court dealt a blow to medical cannabis patients by declaring that a person in federal court may not argue that distribution of cannabis to patients was a medical necessity. The Court was very adamant in their opinion that federal law still criminalizes the use and distribution of medical cannabis. It specifically left open several questions, such as constitutional limitations on federal authority, which will be litigated in the OCBC's pending appeal in the Ninth Circuit. The OCBC ruling applied to five other medical cannabis clubs, at least one of which has filed additional appeals not yet heard by the District Court.

Angel Raich

On October 9, 2002, medical marijuana patients, Angel McClary Raich and Diane Monson, filed a complaint and motion for preliminary injunction against then-Attorney General John Ashcroft and then-DEA Administrator Asa Hutchinson. The case reached the Supreme Court after Ashcroft appealed the December 2003 federal Ninth Circuit Court of Appeals decision that ruled in favor of Raich. On June 6th, 2005 the US Supreme Court ruled that federal law enforcement officials could prosecute medical marijuana patients, even if they grew their own medicine and even if they reside in a state where medical marijuana use is protected under state law. The decision does not say that the laws of California (or any other medical marijuana state) are unconstitutional; it does not invalidate them in any way. Also, it does not say that federal officials must prosecute patients. Decisions about prosecution are still left to the discretion of the federal government. On November 23, 2005, Raich, by herself, filed another appeal to the Ninth Circuit Court, based on medical necessity and substantive due process. On March 14, 2007, Raich’s appeal was denied, affirming the federal government’s authority to enforce the Controlled Substances Act. At the same time, the Ninth Circuit claimed that there is a fundamental liberty interest to use marijuana medicinally, deserving of constitutional protection. The court also raised the possibility that a criminal defendant might be able to successfully assert a medical necessity defense.

Leroy Stubblefield

Oregon quadriplegic patient Leroy Stubblefield was raided by the DEA on September 23, 2002, for growing 12 plants, legally registered under state law. Stubblefield subsequently filed suit in federal court to seek injunctive relief and damages. Stubblefield's injunction was denied and his case remains in the Ninth Circuit Court waiting to be reviewed after the Raich decision.

Wo/Men's Alliance for Medical Marijuana

The Santa Cruz collective of 250 seriously ill patients, Wo/Men's Alliance for Medical Marijuana (WAMM), was raided by the DEA on October 2, 2002. Heavily armed agents destroyed more than 100 plants being grown by the collective, and arrested WAMM directors Valerie and Mike Corral. WAMM filed a lawsuit for damages stemming from the confiscation of property. In April 2004, WAMM was granted a preliminary injunction against further raids by DEA. However, that injunction may be dissolved after further appeal proceedings in the Ninth Circuit.