Come Protest The Federal Prosecutions In Michigan On Tuesday At 12 Noon In Detroit!

[bobandtorey]

It's been an incredibly tough 12 months for the medical marijuana community in Michigan full of federal prosecutions and bad court decisions. Please join the ASA Michigan Chapter in Detroit on Tuesday for a press conference and send-off for 4 compassionate members of the community who are surrending to federal custody in the coming weeks. 

 

WHAT: Press conference and send-off for Jerry Duval, Ryan Basore, Dennis Forsberg, and Lance Forsberg
WHEN: 12:00 noon on Tuesday, May 28th
WHERE: Theodore Levin U.S. Courthouse, 231 W. Lafayette Blvd., Detroit, Michigan 48226

 

Remember to bring signs supporting our POWs, dress appropriately, and no medicating please!

 

Read about Jerry here: http://americansforsafeaccess.org/michigan-medical-marijuana-patient-refused-placement-in-prison-medical-facility-despite-judges-recommendation

Read about Ryan, Dennis, and Lance here: http://www.examiner.com/article/two-sentenced-to-federal-prison-for-lansing-area-medical-marijuana-operations

 

 

Please contact action@safeaccessnow.org for more info!

 

 

In Solidarity,

Hunter Holliman
National Field Coordinator

[bobandtorey]

 

Sincere apologies for yet another email, but the location of the press conference has been changed back to the Federal Courthouse, NOT the Federal Building.

 

WHAT: Press conference and send-off for Jerry Duval, Ryan Basore, Dennis Forsberg, and Lance Forsberg

WHEN: 12:00 noon on Tuesday, May 28th

WHERE: Federal Courthouse, 231 W Lafayette Blvd , Detroit, MI 48226

Join the Facebook Event page here: https://www.facebook.com/events/381831101923636/?notif_t=plan_edited

 

Remember to bring signs supporting our POWs, dress appropriately, and no medicating please!

 

In Solidarity,

Hunter Holliman

National Field Coordinator

MEDIA ADVISORY

Americans for Safe Access

For Immediate Release:

 May 27, 2013

Contact: ASA Media Spokesperson Kris Hermes 510-681-6361 or ASA Michigan Chapter Chair Brandy Zink 313 515-9465

 

Several Michigan Medical Marijuana Patients Surrender to Federal Authorities to Serve Lengthy Prison Sentences

Advocates hold Detroit press conference Tuesday at Noon to draw attention to federal attacks on state lawful operations

 

Detroit, MI -- Several Michigan medical marijuana patients and caregivers are being forced to surrender to federal authorities over the next few days to serve out lengthy prison terms, after being convicted in federal court without any opportunity to defend themselves on medical necessity or state law grounds. Some defendants went to trial while others pleaded guilty when they saw no opportunity to defend their actions under state law. Advocates are staging a press conference at the federal building in Detroit on Tuesday at Noon to draw attention to the Obama Administration's ongoing imprisonment of state lawful medical marijuana patients and providers.

 

53-year-old Michigan medical marijuana patient Jerry Duval, a kidney-pancreas transplant patient with coronary artery disease and a strict medication regimen, was sentenced earlier this year to 10 years in prison and will be surrendering to FMC Devens in Ayer, Massachusetts on June 11th. Duval will be filing a Compassionate Release Request this week, urging the the Bureau of Prisons to consider his extraordinary and compelling circumstances. Three other Michigan cultivators, Dennis Forsberg, 59, his son Lance Forsberg, 32, and Ryan Basore, 36, who were sentenced to 3-4 years in prison will be self-surrendering to FCI Morgantown in West Virginia on May 30th.

What:

 Press conference featuring the imminent surrender to federal authorities of state lawful medical marijuana cultivators and their family members

When:

 

Tuesday, May 28th at Noon

Where:

 Federal Courthouse, 

231 W Lafayette Blvd , Detroit, MI 48226

AFI: Jerry Duval is available for interviews before his June 11th surrender date. Please call Kris Hermes at 510-681-6361 to set up an interview.

 

"Jerry Duval and his 10-year sentence is emblematic of how the Obama Administration has been undermining state medical marijuana laws, while persecuting patients who are in no way violating state law," said Steph Sherer, Executive Director with Americans for Safe Access, which is hosting Tuesday's press conference. "President Obama and Attorney General Holder must start owning up to the unnecessary torment they're forcing not only cultivators, but thousands of patients, to endure."

 

To counter this aggressive stance by the Obama Administration, ASA and its members are mounting a campaign called "Peace for Patients" (#Peace4Patients). The Peace for Patients campaign is an effort to educate elected officials about the millions of federal dollars being spent on attacking law-abiding patients and their providers in medical marijuana states. But the grassroots campaign is also urging members of Congress to vote this summer for an appropriations amendment that would re-prioritize Justice Department resources away from the kind of aggressive enforcement that has been occurring in medical marijuana states.

 

Jerry Duval was convicted at trial in April 2012 of manufacturing with intent to distribute marijuana, conspiracy to manufacture marijuana, and maintaining a drug premises. Because of U.S. Supreme Court rulings, federal defendants like Duval are prevented from showing relevant evidence to the jury. To make matters worse, Unsatisfied with Duval's conviction and 10-year sentence, the Obama Justice Department is trying to forfeit his home and farm land worth hundreds of thousands of dollars. Duval's imminent surrender comes less than year after Montana medical marijuana patient Richard Flor died in federal custody last August while serving a 5-year sentence for a similar conviction. The Justice Department also never provided evidence at any point that Flor had violated Montana's medical marijuana law.

 

Duval and Flor are, unfortunately, only two out of scores of medical marijuana patients and providers targeted by the Obama Administration. Since President Obama took office in 2008, his Justice Department has aggressively prosecuted more than one hundred medical marijuana patients and providers, none of whom had an ability to bring a medical necessity or state law defense. In addition to the Michigan cultivators, several patients and dispensary operators have been sentenced over the past few months to several years in federal prison, including California dispensary operator Aaron Sandusky (10 years), Montana cultivator Chris Williams (5 years), Jerry Duval's son Jeremy (5 years), and another Michigan cultivator John Marcinkewciz (5 years).

 

A cross-country educational caravan, called CannaBus, is adding a stop to their nationwide tour to support the Michigan federal defendants before they surrender to authorities. The CannaBus also trekked more than three thousand miles in January to attend the sentencing hearing for Montana cultivator Chris Williams, who is currently serving 5 years in prison.

 

Further information:

Peace for Patients campaign: http://PeaceForPatients.org

Jerry Duval's Compassionate Release request: http://AmericansForSafeAccess.org/downloads/Compassionate_Release_Request_Duval.pdf

[bobandtorey]

DETROIT, MI — Several Michigan medical marijuana patients and caregivers are expected to surrender to federal authorities this week to serve out lengthy prison terms, after being convicted in federal court without any opportunity to defend themselves on medical necessity or state law grounds.

Some defendants went to trial while others pleaded guilty when they saw no opportunity to defend their actions under state law.

Among those expected to surrender this week is 53-year-old Michigan medical marijuana patient Jerry Duval, a kidney-pancreas transplant patient with coronary artery disease and a strict medication regimen.

Duval was sentenced earlier this year to 10 years in prison and will be surrendering to FMC Devens in Ayer, Massachusetts on June 11th.  Duval will file a Compassionate Release Request this week, urging the the Bureau of Prisons to consider his extraordinary and compelling circumstances.

Three other Michigan cultivators, Dennis Forsberg, 59, his son Lance Forsberg, 32, and Ryan Basore, 36, who were sentenced to 3-4 years in prison will be self-surrendering to FCI Morgantown in West Virginia on May 30th.

“Jerry Duval and his 10-year sentence is emblematic of how the Obama Administration has been undermining state medical marijuana laws, while persecuting patients who are in no way violating state law,” said Steph Sherer, Executive Director with Americans for Safe Access. “President Obama and Attorney General Holder must start owning up to the unnecessary torment they’re forcing not only cultivators, but thousands of patients, to endure.”

To counter this aggressive stance by the Obama Administration, ASA and its members are mounting a campaign called “Peace for Patients” (#Peace4Patients). The Peace for Patients campaign is an effort to educate elected officials about the millions of federal dollars being spent on attacking law-abiding patients and their providers in medical marijuana states.

The grassroots campaign is also urging members of Congress to vote this summer for an appropriations amendment that would re-prioritize Justice Department resources away from the kind of aggressive enforcement that has been occurring in medical marijuana states.

Jerry Duval was convicted at trial in April 2012 of manufacturing with intent to distribute marijuana, conspiracy to manufacture marijuana, and maintaining a drug premises.  Because of U.S. Supreme Court rulings, federal defendants like Duval are prevented from showing relevant evidence to the jury.

Unsatisfied with Duval’s conviction and 10-year sentence, the Obama Justice Department is trying to forfeit his home and farm land worth hundreds of thousands of dollars. Duval’s imminent surrender comes less than year after Montana medical marijuana patient Richard Flor died in federal custody last August while serving a 5-year sentence for a similar conviction.

The Justice Department also never provided evidence at any point that Flor had violated Montana’s medical marijuana law.

Duval and Flor are, unfortunately, only two out of scores of medical marijuana patients and providers targeted by the Obama Administration. Since President Obama took office in 2008, hisJustice Department has aggressively prosecuted more than one hundred medical marijuana patients and providers, none of whom had an ability to bring a medical necessity or state law defense.

In addition to the Michigan cultivators, several patients and dispensary operators have been sentenced over the past few months to several years in federal prison, including California dispensary operator Aaron Sandusky (10 years), Montana cultivator Chris Williams (5 years), Jerry Duval’s son Jeremy (5 years), and another Michigan cultivator John Marcinkewciz (5 years).

A cross-country educational caravan, called Green Bus Tour for Cannabis Freedom, or simply the “CannaBus,” is adding a stop to their nationwide tour to support the Michigan federal defendants before they surrender to authorities.

[bobandtorey]

WASHINGTON -- In the face of public pressure, the Department of Justice will allow Jerry Duval, a seriously ill medical marijuana patient, to serve his 10-year sentence for marijuana-related offenses in a federal facility capable of meeting his medical needs, Duval told HuffPost Monday. The DOJ originally sentenced Duval to standard federal prison despite a judge's recommendation that his medical condition be taken into account. Duval had been barred from presenting his medical condition, or any discussion of state law, during his trial, according to court documents.

Duval, whose juvenile diabetes led to both a kidney and a pancreas transplant, also lives with glaucoma and neuropathy. He has a strict medical regime, which prior to his arrest had included medical marijuana. That regime will now be the responsibility of taxpayers and the Federal Medical Center in Devens, Mass., where Duval may stay in a cell similar to the one currently occupied by Boston bombing suspect Dzhokhar Tsarnaev: a 10-by-10 foot steel room. The DOJ confirmed its decision to move Duval to the federal medical facility rather than standard federal prison, and Duval has been "ordered to surrender" and report to the facility by June 11.

"I've never even been out east," Duval told HuffPost.

Despite his conviction for marijuana distribution, court documents indicate that Duval, 53, has followed medical marijuana laws in his home state of Michigan that have been in place since 2008.

The threat to Duval's health is real. In August, Richard Flor, a seriously ill 68-year-old Montana man, died in federal custody while serving a five-year sentence. The DOJ did not heed his attorney's health-related warnings. "It is anticipated he will not long survive general population incarceration," his attorney had said. Flor was swept up in a series of federal raids just as the Montana legislature was debating reforms to the medical marijuana law. The raids tilted the politics of the debate in the DOJ's favor as it lobbied to roll back the law.

A HuffPost/YouGov poll conducted in December found that 58 percent of Americans think the federal government should exempt from federal drug law enforcement any adults following state laws in the states that have legalized medical marijuana. Only 23 percent said the federal government should enforce its drug laws in those states the same way it does in any other state.

The cases against Duval and Flor are part of a broader use of power by the DOJ. Under Attorney General Eric Holder, the department has managed a string of victories against the elderly, sick and infirm, though it has been less successful prosecuting Wall Street executives. Beyond Flor and Duval, an 82-year-old nun protesting nuclear power and a young Internet activist accused of attempting to share academic journal articles are among the targets Holder's DOJ has pursued with vigor. The department has also targeted a Fox News journalist for acts of reporting, issued a sweeping secret subpoena for a large swath of Associated Press phone records and prompted young men with radical inclinations to confess to undercover FBI agents that they would be willing to participate in a terrorist plot.

In the case of Duval, Michigan law allows a medical marijuana caregiver to grow up to 72 plants for five registered patients. Duval had two greenhouses on his property, where exactly 174 plants were seized, according to federal court filings. Those greenhouses were run not by Duval, but by his children, Jeremy and Ashley Duval, who were registered as caregivers and served five patients each. Their father was one patient.

Jeremy has been prosecuted and is currently serving a five-year sentence in a federal prison in Morgantown, W.Va. He was offered a reduced sentence if he would testify against his father, Duval said, but Jeremy declined. Ashley was not charged, despite openly admitting to her involvement. Meanwhile, the DOJ is attempting to seizethe Duval family farm.

"Prosecutorial discretion was used" in not charging his daughter, said Gina Balaya, a spokeswoman for the U.S. Attorney's office that handled the case. She said she could not comment on whether a reduced sentence was offered to Jeremy, Duval's son, in exchange for testimony.

"The US Supreme Court ruled that state laws are not relevant to federal narcotics laws," Balaya said in an emailed statement to The Huffington Post. "Ignoring this rule and the law, Gerald Duval –- who has a prior conviction for a federal cocaine conspiracy –- and his son, Jeremy Duval, tried to use the Michigan Medical Marijuana law as a front to cover their lucrative narcotics business. Defendants’ real purpose was not giving marijuana to patients; they were selling it for profit to non-patients. The jury even saw defendants’ drug ledger showing defendants had sold about $300,000 worth of marijuana to non-patients in the months before the search warrant. A federal jury rejected their ruse and convicted both defendants of four counts of violating federal narcotics laws."

Duval said that he and his son are appealing their convictions, arguing that they should have been able to present evidence showing that they were in compliance with state law. They also noted that a local law enforcement official inspected their operation in September 2010 and made recommendations to improve it, including additional signage, and signed off on its compliance with Michigan law. That same officer went to work for the Drug Enforcement Administration under the DOJ, and was involved in the subsequent raid on their property just a few months later, Duval said. Duval will argue in his appeal that the agent's involvement amounts to entrapment.

On Tuesday, Duval will travel to Detroit for a press conference hosted by Americans for Safe Access, with other medical marijuana patients and caregivers who are on their way to jail despite their professed compliance with state laws.

Among other things, Duval is worried about pain management in the federal facility, where medical marijuana won't be available. "It tremendously helped the neuropathy, especially in the evenings. It did wonders before bed," Duval said. "Marijuana made my life a lot easier. Without it, I don't know what's going to work for the neuropathy in the legs."

Duval said that he remains hopeful that when the federal government eventually changes its marijuana policy, it will apply retroactively to people who continue to be imprisoned.

"I feel like the federal government's going to have to change the policy. I'm hoping something's going to happen," he said. "I'm trying to remain positive."

[Kingdiamond]

Monroe county Sheriffs came out inspected the greenhouses and gave the OK to proceed someone inside OMNI or Mantis didn't like the fact that they couldn't do a thing about it because they were following state laws to a T and brought in the DEA out of Toledo even though the Ogden memo said otherwise they charged Jerry with drug trafficking this case stinks worse than the DEA themselves .

[bobandtorey]

i agree  i would like to Thank everyone that did come out today in the rain  it's sad that we only had a few  maybe 25 or so and imho it should have  been 25,000

i had the chance to talk to him today for a long time and he told me many times that he had only a few supporter other then his Family and a few of us 

[motorcitymeds]

 

It's been an incredibly tough 12 months for the medical marijuana community in Michigan full of federal prosecutions and bad court decisions. Please join the ASA Michigan Chapter in Detroit on Tuesday for a press conference and send-off for 4 compassionate members of the community who are surrending to federal custody in the coming weeks. 

 

WHAT: Press conference and send-off for Jerry Duval, Ryan Basore, Dennis Forsberg, and Lance Forsberg

WHEN: 12:00 noon on Tuesday, May 28th

WHERE: Theodore Levin U.S. Courthouse, 231 W. Lafayette Blvd., Detroit, Michigan 48226

 

Remember to bring signs supporting our POWs, dress appropriately, and no medicating please!

 

Read about Jerry here: http://americansforsafeaccess.org/michigan-medical-marijuana-patient-refused-placement-in-prison-medical-facility-despite-judges-recommendation

Read about Ryan, Dennis, and Lance here: http://www.examiner.com/article/two-sentenced-to-federal-prison-for-lansing-area-medical-marijuana-operations

 

 

Please contact action@safeaccessnow.org for more info!

 

 

In Solidarity,

Hunter Holliman

National Field Coordinator

So why did these guys get hammered so heavy..?  were they shipping in weight from out of state of something dumb on that level or were they just dispensary owners..?  I don't understand why we lock people up over a plant.

[pic book]

So why did these guys get hammered so heavy..?  were they shipping in weight from out of state of something dumb on that level or were they just dispensary owners..?

the feds charged none of those things--why jerrry and boy got 'hammered?'  vs. fed law, state ok don't mean a squeak.

1.  jerry had a peed-off-neighbor-feud-enemy-revenge thing going on and the complainant--his neighbor farmer--didn't stop with local or state auths, went fed with his complaint.  it ain't poss 2 b legal federally!

2. 144 plants on a plot with one owner, one addy, but in 2 greenhouses. 13' tall 2x6 framed beauties. think a Big Slugger spread x 2.

3.  sales log showed $300k in sales made...g-r-e-e-d and d-u-m-b.

4.  jerry had guns at that addy.

5.  pre-grow atty advice was free and stupidly, egrigiously wrong.

6.  The other cg attached to a gh was jerry's daughter, a young professional female with work off-site in town and the feds figured jerry used his son and daughter to run a high-poundage local flow under the guise of medical.  Females do not grow in meaning ful statistical numbers--like guys don't hook in statically meaningful numbers--so they nailed the pop and the son, and the pop at the top of the patriarchy had guns.  Plants and an armory=5 + 5.  hammered.

[Dlo]

Edited June 11, 2013 by Dlo

[bobandtorey]

the feds charged none of those things--why jerrry and boy got 'hammered?'  vs. fed law, state ok don't mean a squeak.

1.  jerry had a peed-off-neighbor-feud-enemy-revenge thing going on and the complainant--his neighbor farmer--didn't stop with local or state auths, went fed with his complaint.  it ain't poss 2 b legal federally!

2. 144 plants on a plot with one owner, one addy, but in 2 greenhouses. 13' tall 2x6 framed beauties. think a Big Slugger spread x 2.

3.  sales log showed $300k in sales made...g-r-e-e-d and d-u-m-b.

4.  jerry had guns at that addy.

5.  pre-grow atty advice was free and stupidly, egrigiously wrong.

6.  The other cg attached to a gh was jerry's daughter, a young professional female with work off-site in town and the feds figured jerry used his son and daughter to run a high-poundage local flow under the guise of medical.  Females do not grow in meaning ful statistical numbers--like guys don't hook in statically meaningful numbers--so they nailed the pop and the son, and the pop at the top of the patriarchy had guns.  Plants and an armory=5 + 5.  hammered.

i was told he was a tree farmer and the books he had showed that

 

where you at his court days? i didn't see you their 

[beourbud]

i was told he was a tree farmer and the books he had showed that

 

where you at his court days? i didn't see you their

who would want to show support for criminals....safe axes

 

who would antagonize leo with hostile posts...safe axes

 

who would encourage people to break the law....safe axes

 

bob you are supporting criminals...membership here is dwindling due to people like you.

 

safe axes my azz

[abe supercro]

^ No, I won't be yOur Bud.

[bobandtorey]

  if anyone use's Marihuana for any reason you our a criminals IMHO and the Courts 

[motorcitymeds]

who would want to show support for criminals....safe axes

 

who would antagonize leo with hostile posts...safe axes

 

who would encourage people to break the law....safe axes

 

bob you are supporting criminals...membership here is dwindling due to people like you.

 

safe axes my azz

I would not go as far to call anybody growing weed a criminal.  even those beaners that hide out in State land like out west that grow whole mountains of buds why waste the money..?  It just defies every form of logic to evenhave it illegal.  NO Prohibition works.  It jsut creates a black market and makes all of us who struggle to pay taxes wonder why we even pay taxes in the get go if we keep putting fuxers in prison for bud.  Then they get out and cannot get jobs cuz of felonies then the cycle of REAL criminal activity starts.

 

The prison industrial complex should only be for itty bitty tietty grabbin pedophiles and men who touch young boys and murderers.  Not dudes growin herbs on land.  Now if they don't pay taxes on the sales pop em for that put em on probation make it a misdemeanor crime non violent so they can stay functional in society.

 

This system is crumbling because we have prisons filled with non-violent offenders that should not be locked up in the first place.

 

Anybody who thinks you should get locked up for growin herbs to me is IGNORANT<<<<<!!!

 

Peter TOSh says it best.

 

http://www.youtube.com/watch?v=v_QeJUy2sYc

[semicaregiver]

Well I have heard all sorts of reports on this, from the initial media reports of 1000's of plants to the video which clearly showed somewhere around 30-40 plants in a greenhouse. The one detail I had not heard was PicBook's report about the neighbor. That one makes more sense than anything and should remind everyone about something you should already understand, "Do not tinkle off your neighbor".

 

This story reminds me of a quote I often repeat. Back before there was Johnny Cochrane there was F. Lee Baily as the most famous criminal defense attorney. The majority of his clients where high profile cases. In his book about his practice he wrote, "... the majority of his clients were unquestionably innocent of the charge he was defending them for. But, they sure were guilty of pissing off the wrong people somewhere along the way."

[cristinew]

who would want to show support for criminals....safe axes

 

who would antagonize leo with hostile posts...safe axes

 

who would encourage people to break the law....safe axes

 

bob you are supporting criminals...membership here is dwindling due to people like you.

 

safe axes my azz

and you do not use cannabis?

[beourbud]

and you do not use cannabis?

medicinally

 

Your point?

[abe supercro]

Coloring within the lines so perfectly, how impressive your holiness.

 

Tisk Tisk... proceed straight to jail over god given plants... for 10 years!

 

LAME - along with all Prohibitionist Supporters.

[GanjaWarrior]

Coloring within the lines so perfectly, how impressive your holiness.

 

Tisk Tisk... proceed straight to jail over god given plants... for 10 years!

 

LAME - along with all Prohibitionist Supporters.

amen....

[ozzrokk]

And a second Amen to that Abe.

 

Full on legalization all the way.................

 

IT IS A PLANT........................... A safe plant at that................

[motorcitymeds]

And a second Amen to that Abe.

 

Full on legalization all the way.................

 

IT IS A PLANT........................... A safe plant at that................

I just watched that youtube video about the Duval's and donated to ASA.  The only way these senseless raids will stop is by fighting them with money.  Money buys respect.

[solabeirtan]

You are aware ASA are proponents of the Di$pen$$ary Model. Think they'll get his farm back for him? 

[motorcitymeds]

very sad watching this I had to send in a few bucks to ASA for covering this.  It's a travesty that more people do not send in money to fight this retarded Federal Prohibition.  It simple does not work and never will work.  To see this family get raided by mauradering LEO bandits dressed in Tactical gear like they were going up against a terror cell is just such a waste of tax payer money.  mean while I am sure someplace in this countywhere it happend some dix face is molesting kids or better yet some cracker is brewing up some fine battery acids to sniff up in a meth lab.

 

makes NO sense.

 

Why do cops insist on totally tearing up peoples homes and tossing property around like they are going after Bin laden.  I wonder when America is going to wake up and fight back against sensless imprisonments like this.

Edited June 12, 2013 by motorcitymeds

[bobandtorey]

You are aware ASA are proponents of the Di$pen$$ary Model. Think they'll get his farm back for him? 

No i don't think he will be getting anything back

[bobandtorey]

It's a sad story for sure and the thing is their our many more story's like this on as for even today i was in a court room for support and the judge said No to the guy you can't use any pain pills even  if you have a prescription