Pompo

Medical Marijuana: Eddy Lepp Sentenced to 10 Years in Federal Prison
5/22/09|StoptheDrugWar.org| from Drug War Chronicle, Issue #586



California medical marijuana grower, spiritualist, and activist Eddy Lepp was sentenced Monday to a mandatory minimum 10-year prison sentence on federal marijuana cultivation charges in a case where he grew more than 20,000 pot plants in plain view of a state highway in Northern California's Lake County. US District Court Judge Marilyn Patel also sentenced him to five years probation. He must report to federal authorities by July 6.


Eddy Lepp (courtesy of StoptheDrugWar.org)

Lepp contended that the plants were a medical marijuana grow for members of the Multi Denominational Ministry of Cannabis and Rastafari and legal under California law. But during his trial, he was not allowed to introduce medical marijuana or religious defenses. He was found guilty of conspiracy to possess marijuana with the intent to distribute more than 1,000 pot plants and of cultivating more than 1,000 plants, which carries a maximum life sentence.

According to California NORML (CANORML) and the Santa Rosa Press-Democrat, there were gasps and sobs from Lepp supporters in the courtroom as Patel passed sentence. The sentence was "extreme," Patel conceded, but said her hands were tied by federal law.

In a nod toward the current turmoil over the status of federal prosecutions of medical marijuana providers, Judge Patel said Lepp could apply for a rehearing if the laws changed. Lepp and his attorneys plan to appeal the verdict and the sentence.

Lepp attorney Michael Hall told Patel the sentence was "incredible."

"Incredible is what the law requires," Patel responded, adding that legalizing marijuana appeared to be Lepp's driving passion. "Maybe you want to be a martyr for the cause," she said.

Sentencing Lepp, a 56-year-old veteran in ill health, to prison is a travesty and a waste, said supporters. "This case sadly illustrates the senselessness of federal marijuana laws," said CANORML's Dale Geiringer. "The last thing this country needs is more medical marijuana prisoners. Hopefully, we can change the law and get Eddy out of jail before he completes his sentence."

"Locking up Eddy Lepp serves no purpose and is a huge waste of life and scarce prison space," said Aaron Smith, California policy director of the Marijuana Policy Project. "The community would be a lot better served if we taxed and regulated California's $14 billion marijuana industry rather than continuing to incarcerate nonviolent people like Eddy, who are clearly of no danger to society."

claygooding

No matter how you try to explain it,or defend it,or even believe it should be legal,that was a little bit on the large grow scale,and the fact that the court
refused his defense,this should be overturned in the appeals court.
How does a court refuse any defense? If anything you say can and will be used against you in a court of law,then you should be able too say and offer any defense or extenuating circumstances to any charges made against you.
The actions of the judge,refusing the defendant's defense testimony and evidence would seem too favor the prosecutions case and shouldn't be allowed.
I'm sure not a lawyer,but I know whats fair,and what stinks,and the judges bench is getting pretty raunchy.

Buzzby

He was tried in a federal court where medical or religious reasons are not a defense for the crime he committed. Federal courts never hear these defenses. The religious defense has been tried and found to not apply.

There are all kinds of defenses. Someone tried to get out of a murder charge on the grounds that he ate too many Twinkies. There are some defenses that a court won't hear because they have been determined not to be relevant to the crime in question.

Courts have limited time. Dockets are sometimes backed up for years. Not wasting time on defenses that have been determined not to be relevant is one way that the courts attempt to keep the process moving along.

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Larkins

I haven't fully understood the reason that we can't use a religious defense for weed ...

I believe my religion (Christianity) fully exclaims and upholds (in fact requires) me to use all of God's creation to it's fullest for the benefit of mankind. I need weed for migraines, God gave us weed, ergo I should be allowed to use it as per my religion.

Maybe that's too loose ... but still ... where's the case law that disallows this?

Frylok

That's a shame we gotta lock up kooky old Eddy, but when you're growing 20,000 plants next to the highway, you're pretty much asking for it. I'm surprised as hell that he only got 10 years. We are one messed up country man.

l No l FeaR l

It saddens me that we are putting people in cages for simply growing a damn plant that naturally grows on this planet and has been around for thousands of years....


America:Land of the free?? I think not

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Peace, Love & Weed

Buzzby

Was Eddy looking to become a martyr? That's the only reason I can think of to put 20,000 cannabis plants in full view of a public highway.