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Federal court orders bail for Chico man in cannabis club case

By Claire Cooper |Sacramento Bee Legal Affairs Writer | August 7, 2004

SAN FRANCISCO - A federal judge in Sacramento was ordered Friday to release Bryan James Epis from prison while the U.S. Supreme Court weighs the fate of state-sanctioned medical marijuana cooperatives that operate wholly within California.

The 9th U.S. Circuit Court of Appeals told U.S. District Judge Frank C. Damrell Jr. to set bail terms for the co-founder of Chico Medical Marijuana Caregivers and to handle the proceedings on an expedited basis.

Through his lawyer, Brenda Grantland, Epis said he was ecstatic. He thanked "literally thousands" of supporters.

Epis has been serving a 10-year term at the federal prison at Terminal Island outside Los Angeles since his 2002 conviction on federal marijuana conspiracy charges. Damrell instructed jurors to disregard evidence of medical use sanctioned by California's medical marijuana initiative, Proposition 215.

While Epis' appeal of his conviction to the 9th Circuit was pending, that court ruled in a separate case from Oakland that federal authorities have no power to go after noncommericial medical marijuana operations confined within the state. Epis' appeal raises the same issue.

The U.S. Supreme Court has scheduled a review of the Oakland decision during its next term. If it agrees with the 9th Circuit, Epis said Friday that he will be permitted "at a minimum" to present a full medical defense to a new jury.

Last month, the 9th Circuit issued an order putting Epis' case on hold, pending the high court's decision. The 9th Circuit's bail order Friday came in the form of a one-sentence amendment.

The U.S. attorney's office in Sacramento said it had not reviewed the 9th Circuit's new order and therefore could not comment. The federal prosecutor argued in court that Epis' conviction for growing more than 1,000 marijuana plants indicated commercial involvement.

[Suetaznote: This is excellent news! One more activist out of jail, for now. For more on Brian Epis, click here.]

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xxdr_zombiexx

It's about time!

He never should have gone to trial, let alone jail. Damrell acted with extreme prejudice in the case, another railroaded kangaroo set-up like the Rosenthal trial.

it's AWESOME he his having his ass handed back to him and being FORCED to release Mr. Epis.


Brian Epis: Dangerous Cannabis Legalizer

And...this is a fabulous example of why the Bush Adminsitration has to be thwarted from packing the judiciary with goosestepping idealogues like Damrell. They really hate our freedoms and this ruling is will be cited a prime example of why.

Lets see what the Feds say....I'll bet a donut they are pissed! hehe...

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Alien Space Signal

There's no money for your issue so long as we're squandering $50 billion a year on the DrugWar. Ben Masel

Fear became the ultimate tool of this government - V.

psthbng

Pardon, Was Damrell appointed by Bush? Kerry is scary as Hell. Globalist that he is, I don't want to be a citizen of the United Nation's of America. He's an admitted war criminal besides.

xxdr_zombiexx

Chico Man To Be Released In Medical Pot Case
NBC-11 | 12:05 pm PDT August 8, 2004

Actions Were Legal Under Medical Marijuana Law, Man Says

SAN FRANCISCO -- A Chico man who claims the marijuana he grew was for medical purposes is hoping to be released from prison on bail this week following the order of a federal appeals court in San Francisco.

Bryan Epis, 37, is appealing his conviction and 10-year sentence for conspiring to grow more than 1,000 marijuana plants near a school. He has been in prison since being convicted in federal court in Sacramento in 2002.

On Friday, the 9th U.S. Circuit Court of Appeals in San Francisco ordered Epis released on bail until his appeal is decided.

Epis' lawyer, Brenda Grantland of Mill Valley, said on Friday her client is "ecstatic" that he will be released. She said that because the appeals court ordered an expedited bail hearing, she expects a hearing before U.S. District Judge Frank Damrell in Sacramento this week on the amount of Epis' bail.

Epis, a co-founder of Chico Medical Marijuana Caregivers, contends that he and four other patients were growing the plants in his basement because they need marijuana to alleviate pain and other medical problems.

He argues that his actions were legal under California's 1996 medical marijuana law and should be exempt from federal drug laws because no interstate commerce was involved.

A 9th Circuit panel heard arguments on his appeal in San Francisco in June, but last month put the appeal on hold until the U.S. Supreme Court decides a similar issue in the case of Oakland medical marijuana patient Angel Raich.

Raich and co-plaintiff Diane Monson of Chico are seeking court protection from federal prosecution for their medical marijuana. They say their local, non-commercial marijuana growing is not covered by federal drug laws, which are based on Congress's power to regulate interstate commerce. A panel of the 9th Circuit ruled in Raich's favor, but in late June, the U.S. Supreme Court announced it will review that decision. On July 12, the 9th Circuit put Epis' case on hold until the high court issues its ruling in the Raich case.

Grantland said that waiting for the high court decision will mean a delay of up to a year in resolving Epis' appeal. In a brief request for bail, she argued to the appeals court that Epis' case "will now sit in limbo" and that he should be granted bail because of "unjust delay."

The appeals court granted the request for bail in a brief order issued on Friday.

Grantland said the amount of Epis' bail before trial was $500,000 and said the amount of the new bail may be similar. Epis has been held in a federal prison on Terminal Island near Los Angeles, she said.

Liberty4All

Thanks again to the most libertarian high court in the nation, the Federal 9th Circuit of Court of Appeals in San Francisco. Once again, they take the side of freedom and help an innocent man get out of jail, at least until the Supreme Court's next medical marijuana ruling.

The 9th Circuit has more of its decisions overturned by the Supereme Court than any other Federal Court. And since the 9th Circuit is also the most pro-freedom court in the country, this gives you some idea of the current philosophical inclinations of the Supreme Court.

My predicion is that the Supreme Court will rule against all cannabis distribution, even if it's intastate only. However, on the issue of whether personal cultivation of marijuana for medical use is legal, I think the Supreme Court will rule on our side, making the personal cultivation of marijuana completely legal for medical uses, as long as that use complies with state and local laws. This will be very good news indeed.

Liberty4All