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U.s. V Steele Federal Judge Allowes Medical Marijuana Defense

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Michael Komorn

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U.S. V Steele Federal Judge Allowes Medical Marijuana Defense

December 11, 2010

By Thomas

 

THIS IS VERY GOOD NEWS

 

 

U.S. V Steele is a landmark cannabis case that could change federal medical marijuana law for all 50 states.

This is the first case that any defendant in the United States has been allowed to raise an affirmative medical marijuana defense in federal court

Cormac J. Carney, is the presiding federal judge in U.S. v Smith. In a courageous and historic ruling he decided that the medical marijuana issues will be heard as testimony. This is the first time this has happened in U.S. history.

This story started in 2001 when Steele Smith – a law abiding business man become very ill. He landed in an emergency room. Over the next four months it happens several more times. But the doctors could not figure out what was wrong, he is prescribed prescription pain medication, Steele also loses 40 pounds. Ultimately a rare diseases doctor diagnoses Steele’s disease as Zollinger-Ellison (Z-E). The disease causes painful ulcers, making it difficult for patients to eat and is so rare most doctors have never seen it. The result is extreme pain and nausea. Doctors prescribe him the strongest acid reducing drug available. For the severe pain, the doctor also prescribed high doses of morphine and sent him to a specialist (a pain doctor) who ordered a morphine regimen.

Steele becomes heavily addicted to morphine. With his wife starting in 2004 he begins to try and “kick” his morphine addiction. It almost kills him and he ends up in the intensive care unit (ICU). Over the next year and a half Steels battles his morphine addiction. Until after painstaking research he finds a new drug Suboxin and under the care of a doctor over several weeks he finally is able to become completely drug free. However the under lying pain and nausea return. He is unable to eat or live a normal life. After more research Steele is given a medical marijuana recommendation, he buys his marijuana at one of the dispensaries in Los Angeles.

His recovery is nothing short of miraculous with his pain and nausea now controlled using cannabis Steele is able to eat again and his health returns. There were no dispensaries in Orange county where the Smith’s live so they must travel to L.A. to buy cannabis.

Steele and Theresa decide to open a small collective, California Compassionate Caregivers in their home. After researching the law and proposition 215 they begin to grow cannabis for safe access patients. Within a few months they find their patient base growing and by 2006 it reaches over 1,000.

This does not escape the attention of the local police department and officers from the Placentia Police Department come to the Steele home seizing 18 plants, patient records, 4 pounds of medical marijuana, a small amount of concentrate and cash, but no charges are filed. After unsuccessfully trying to get his property and records returned repeatedly and after seeking legal advice Steele decides to sue the city of Placentia, again simply seeking the return of his property.

The city of Placentia retaliates and moves the case to a federal level. This quashes Mr. Smith’s standing in the civil court effectively killing the lawsuit. That was not the end of it as the Smith’s were about to find out.

On Nov. 1, 2007 in an early morning raid, federal agents storm the Smith’s two homes using paramilitary style tactics. Officers wearing masks and paramilitary gear break down the front door and roust the sleeping couple at gunpoint, holding them at gun point through out the raid. The agents abuse the couples dogs spraying them with a fire extinguisher, and one of dog dies four days later.

As is standard procedure during marijuana raids nationwide the officers destroy the home during the search that follows. The home as are most homes raided like this, is totally vandalized. In Hawaii county where I have lived for 30 years they conduct their marijuana raids in exactly the same way. Doors and gates are broken down, then left wide open for any and all of the public to take furniture and belongings at will. In Hawaii the police also rob these homes taking anything they want, cooking dinner, and joy ridding vehicles around the neighborhoods as they harass the neighbors searching there homes also even with out search warrants or probable cause.

In the Smith’s case the police also go to C3′s medical dispensary. They seize 2 pounds of medical marijuana and a small amount of concentrate. Police leave the door wide open inviting theft and vandals there also.

Steele, Theresa, Alex Valentine, a young patient with Elephant man’s syndrome and over thirty surgeries, and Dennis La Londe, a homeless man recently given shelter, were jailed all but Theresa spent most of the next year in a maximum security, level-five Federal prison in Los Angeles. They were all charged with conspiracy to manufacture or grow marijuana and are facing ten years in federal prison.

Theresa was released after 2 months but forced to post $200,000 bond, using her dying mother’s home and two signatures to meet the requirements of the bond. The remaining defendants suffered in federal prison for another 10 months. When Steele is finally released he must wear an electronic ankle bracelet for another year. All the defendants to this day are still required to report regularly to federal pre-trial services.

While medical marijuana is not technically a legal defense, for the first time in U.S history the defendants will be able to testify to the jury that they were operating under prop 215. That testimony will show they were in complete compliance with California law, and the collective was very professionally run to provide safe access for patients in Orange county. The DEA as they always have is portraying these legal patients as ordinary drug dealers but this time for the first time the jury will hear the other side.

In an interesting twist the government has offered a deal for time served to Steel. To his credit and at great risk to himself, he has decided not to take the deal and faces up to ten years in federal prison for that decision. Steele Smith wants to go to trial because he believes the issues are to important and need to be adjudicated, in his fight to uphold the Tenth Amendment of the United States Constitution, States’ rights allowing safe, legal access to medical marijuana. The Smiths are true heroes and deserves our support.

For more information, please contact:

Theresa Smith
2166 W. Broadway, #100
Anaheim, CA 92804-2446
714-865-5335
theresasmith.steelescase@gmail.com

Some links on the case.

http://www.steelescase.org/

http://www.steelescase.org/?page=related

 

Michael A. Komorn

Attorney and Counselor

Law Office of Michael A. Komorn

3000 Town Center, Suite, 1800

Southfield, MI 48075

800-656-3557 (Toll Free)

248-351-2200 (Office)

248-357-2550 (Phone)

248-351-2211 (Fax)

Email: michael@komornlaw.com

Website: www.komornlaw.com

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If you have a medical marihuana question or comment, please email them to me, or leave them on the forum for the MMMA, and I will try to answer them live on the air.

 

http://www.blogtalkradio.com/planetgreentrees

PLANET GREENTREES Call-in Number: (347) 326-9626

Call-in Number: (347) 326-9626

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uhphrayed Advanced Member

uhphrayed

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I love how we're supposed to be freedom but we aren't allowed to grow a plant or consume drugs which at the worst only harm ourselves and not others. Laws which prevent people from causing harm to others are absolutely necessary...anything else is a complete abuse of power and shouldn't be allowed.

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