OAKLAND, CA -- Medical marijuana defendants Michael “Mickey” Martin and Jessica Sanders got a break in federal court on Wednesday. In spite of felony convictions, the two will not serve any prison time for their involvement with the production and distribution of marijuana-laced foods. This outcome was no accident, however. By all appearances, it was the result of numerous converging factors – adept argument by defense attorneys, easing of opposition from the government, prudent consideration by an open-minded judge and a highly-visible show of support from the activist community.
The challenge had been laid out by Joseph Elford, Chief Counsel for the medical marijuana advocacy group Americans for Safe Access. Addressing a crowd of some fifty activists assembled outside the courthouse prior to the hearing, Elford said, “The executive branch has failed us. The legislative branch has failed us. Today, the judicial branch has the chance to do the right thing.”
SAN FRANCISCO, CA -- A federal jury this afternoon found medical marijuana provider Charles “Eddy” Lepp guilty on all charges. This includes one count for conspiracy to distribute or to possess with the intent to distribute, and another count for manufacture or possession with the intent to distribute. With regard to both counts, jurors made the finding that the offenses involved at least a thousand marijuana plants.
The decision came following a fast-paced trial that played out over the course of three mornings in a modest San Francisco courtroom. It involved relatively unrestricted language about the medical and religious use of marijuana, but before deliberations the jury was told to disregard this rhetoric and apply federal law as instructed. As such, the verdict was a predictable outcome.
FRESNO, CA -- She was once labeled the “Girl Friday” of a high-profile criminal defendant, but it seems that the case against Monica Valencia has finally gotten a dose of reality.
In federal court on Monday, Valencia was sentenced to one year and one day for her involvement with a Modesto medical marijuana dispensary. The sentence included reductions granted because of her minor role in the operation of the California Healthcare Collective and her lack of prior criminal history.
On May 15th, 2008, following a federal jury trial, Modesto entrepreneurs Ricardo Montes and Luke Scarmazzo were found guilty of several marijuana charges. The jury was conflicted about the convictions and grossly underestimated the possible sentences. The most serious charge carries a mandatory minimum of 20 years in prison, for what is called "continuing criminal enterprise." In reality, all that the defendants were doing was running a medical marijuana dispensary in accordance with state law. This was a federal trial, however, and state law was not a defense or a subject of legal argument. Federal law pretends that there is no such thing as medical marijuana. Please sign this petition, asking the judge to give Ricardo Montes and Luke Scarmazzo the leniency they deserve.
Dear Honorable Judge Wanger,
We are asking you to please give Ricardo Ruiz Montes and Luke Anthony Scarmazzo the most lenient possible sentence. Montes and Scarmazzo never intended to break the law. Although, as you have pointed out, federal law has not yet caught up with some of the states when it comes to medical marijuana, it is clear that Montes and Scarmazzo took every possible precaution to ensure that their business was run properly under state law. Please consider Judge Breyer's decision in the Ed Rosenthal case when determining Montes and Scarmazzo's sentence. Thank you.
