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First New Federal Prosecution in Three Years Underway in California
11-10-06|Drug War Chronicle

The US Justice Department had not prosecuted a California medical marijuana patient since 2003, but that changed Wednesday as the federal trial of Merced County medical marijuana patient and provider Dustin Costa got under way in Fresno. Costa, a leading medical marijuana activist, was originally arrested on state charges, but Merced County prosecutors handed his case over to the feds when it became apparent that California's Compassionate Use Act would make it impossible to convict him under California law.

The last federal medical marijuana patient and provider trial in California was the Ed Rosenthal debacle. In that case, Rosenthal was convicted on federal marijuana manufacture charges after the jury was not allowed to hear testimony relating to medical marijuana. Rosenthal was convicted, but when jurors learned the rest of the story, many of them publicly denounced the trial and the verdict, and the federal judge trying the case sentenced him to only one day in jail.

In Costa's case, the 60-year-old retired Marine who headed the Merced Patients Group, a nonprofit cultivation collective, was originally arrested by Merced County sheriff's deputies when they raided a greenhouse he was using to cultivate marijuana for patients in March 2004. But local prosecutors turned the case over to the feds, and Costa was re-arrested on federal charges in August 2005. Since then, he has been imprisoned at the Fresno County Jail. If convicted on the charges, he faces a mandatory minimum 20-year federal prison sentence.

Costa now faces federal charges of cultivation, possession with intent to distribute, and possession of a firearm. As in the Rosenthal case, Costa will not be allowed to even mention medical marijuana or its legality under state law during the trial.

"Dustin Costa is a victim of the federal government's refusal to respect medical science," said Steph Sherer, executive director of Americans for Safe Access, a national medical marijuana advocacy group. "He and all the others being denied a medical defense at trial are the new targets in our government's war on patients."

Costa may be the first medical marijuana patient to be tried by the feds since the Rosenthal trial, but he probably will not be the last. According to figures compiled by Americans for Safe Access, at least 91 other California patients and providers have been arrested on federal marijuana charges and are awaiting trial.

 

TheUnseenTruth

It's not looking good for our 60 year old marine friend. Something that I'm not understanding , why is a person being charged by the feds not allowed to even speak of Medicinal Marijuana, and its legalities in court? Seems to me like a chokehold on the court.

Also I noticed it said he was being charged with possesion of a firearm. While I personally like guns, and I can see how being targeted for your medicinal MJ grow op ; by no good theives can scare a person...but for heavens sake, he should have taken a CCW permit class ! That's going to really be a foothold for the prosecutor ; "If you meant only to distribute to harmless patients, why the need for a firearm?"

Time to call Johnny...

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Quote:

Originally Posted by goodgirl I think I will be stopping by the bunker tonight....I could use a little of what you are all serving.

Buzzby

As there are no provisions for medical marijuana under federal law, anything related to it is considered invalid as part of a criminal defense on marijuana charges. Judges have decided not to allow testimony that might influence the jury in ways that might make it rule outside the bounds of federal law.

This has nothing to do with CCW. Being in possession of a firearm while committing a felony is a crime all by itself.

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TheUnseenTruth

Thanks Buzz, the court system seems so complicated ; Poor guy is in some big, big trouble. As you can tell I'm not good with laws and such, I just didnt think twice about the CCW thing. I wonder what kind of time he's looking at for the gun AND the intent to deliver?

Either way, I'm hoping the best for him ; though I doubt he gets off without a big, bruising slap on the wrist ...and that's being optimistic.

Buzzby

USE, CARRY OR POSSESS A FIREARM IN RELATION TO OR IN FURTHERANCE OF A FEDERAL DRUG FELONY OR A FEDERAL CRIME OF VIOLENCE:
18 USC § 924(c); 18 USC § 924(j). Punishment ranges from a minimum of 5 years up to life imprisonment, without parole, or death if death results from use of firearm. Sentence of imprisonment must be served consecutive to any other sentence. Mandatory minimum sentence increases depending upon: the type of firearm involved (short-barreled rifle or shotgun; silencer, etc.); whether it is a second or subsequent offense; and whether gun was brandished or discharged.

Federal cultivation statutes provide for a five year sentence and a $250,000 fine for less than 50 kilos. 50 - 100 kilos carries a twenty year sentence and a $1,000,000 fine.

 

TheUnseenTruth

Wow, So he is in some serious buisness. So even if the drug charges were somehow dismissed, he would still be going to prison for at least 5 years.

It brings me to a simple point ; guns and "drugs" don't mix.

Be safe folks.

Buzzby

No. If there is no federal drug felony or federal violence felony, the possession of the firearm is not a crime.

It all depends on how much your lifestyle puts you in harm's way. If I was a commercial grower or large-volume dealer the danger of being violently ripped off would probably exceed the danger of being busted with a gun.

Guns are a tremendous deterrent to crime. It's estimated that they prevent crimes 2.3 million times a year. In 98% of those cases no shots are fired. The discovery that the potential victim is capable of defending himself stops the criminal in his tracks. I had three muggers run away when I turned around on them with a 9mm in my hand.

I'm an avid target shooter but I would never consider touching a firearm under the influence of any intoxicant unless my life was in danger.

Abomonog

Actually, there is still a long list of crimes that the guy could be charged with involving the gun alone.

Was his ammo hollow points or FMJ's?

Even though both are legal if you have FMJ's you can be charged with possession of military weaponry (possesion of illegal weapons). (David Koresh's initial charge. The police knew nothing of his real arsonal and thought he only had a few 30-06's. The rush was based more on the ammo than anything else. )

Got potatoes? If so you can be charged with having silencers. Even though a potato makes a pretty lousy silencer, the "he had potatoes in the same room as the gun so therefore they must be silencers!" argument has plopped many otherwise innocent people in prison. Down pillows make much better silencers.


errr. yes I did test this. Back when I was about 19.


Was the triggered locked? Federal law requires all gun owners to have trigger locks installed on their guns. This law has existed since back in the 90's. Police and military are excepted. The same law will require all guns to be produced with them in the next few years. Never actually heard of any getting charged with it, but it still makes a great back up charge.

All three crimes are what the lawyers call back-ups. It's so the state or feds can grab a guy Elliot Ness style.

Elliot Ness couldn't get Al Capone for being a gangster so he got him for federal income tax evasion.

If the Feds want this guy in prison, he will go.

As one Chicago cop once told me. "There is no one in America who at this moment is not violating some law. It's all just a matter of digging deep enough into the law books."

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It's all fun and games until the flying monkeys attack!

castklearr

USE, CARRY OR POSSESS A FIREARM IN RELATION TO OR IN FURTHERANCE OF A FEDERAL DRUG FELONY OR A FEDERAL CRIME OF VIOLENCE:

I have been in this situation and you have to read the law....USE.....WAS HE IN USE AT THE SCENE DID HE HAVE PERSONAL POSSESION, WAS HE CARRYING THE GUN ...AGAIN USE....WAS HE IN POSSESION....AGAIN USE...

IF THE GUN IS AWAY FROM THE POT.....IF THE GUN WASN'T LOADED....IF IT WAS IN A PLACE WHEN THEY BUSTED YOU THAT YOU COULDN'T HAVE READY CONTROL THEN ITS NOT AGAINST THE LAW. RELATION TO IN FURTHERANCE OF A FEDERAL CRIME....HE PROBABLY DIDN'T USE THE GUN TO FURTHER HIS ALLEGED CRIME.

In my case the gun was in another room in a drawer unloaded and there was no furtherance to be of a crime claimed. I beat them up on the warrant! Any lawyer will tell you that the gun thing is pressure to bargin.

This guy put his faith in fantasy and followed the herd. He needs to prove the gov't has medical patients and has had them for years! Except the words "medical marijuana" will never be heard in trial. Thats the problem with dealing with the fed is cost....compared to State trial its 3 times the cost in the fed system.

We all have a right to bear arms cannot be abridged and Med pot has hurt everyone worse that if we just kept it underground.....

Buzzby

On the face of it, that doesn't make any sense. If they're legal, how can you be charged with anything? FMJ ammo is the least destructive kind. FMJ is cheap practice ammo, sold at Wal-Mart, K-Mart, and sporting goods stores all over the country.

The BATFE was called in because neighbors complained about the sound of frequent automatic weapons fire coming from the Branch Davidian compound.

Can you document any of those cases? I'd love to read the transcripts.

Federal law requires that firearms be sold with gun locks, not that they be "installed" or used.