Without Truth in Trials, Medical Marijuana Defendants Have No Hope of Justice

by Kris Hermes · 2010-10-04 11:06:00 UTC
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In many ways, James Stacy is no different than hundreds of other dispensary operators in California, who are trying to comply with the state's medical marijuana laws. However, Stacy happens to be one the latest cases to go to trial in federal court. In fact, most federal defendants take plea bargains and never go to trial, mainly because they know they will have no defense against their charges. Truth has been taken out of federal trials to appease government prosecutors and the DEA in their effort to undermine state medical marijuana laws.

(See Stacy's interview with Change.org.)

The tool being is United States v. Oakland Cannabis Buyers’ Cooperative, a U.S. Supreme Court decision which held that medical necessity is not a defense to manufacturing and distributing marijuana. Because of this, Stacy, the latest victim in the ongoing federal war on medical marijuana was "precluded from presenting a medical necessity defense" by U.S. District Court Judge Barry Ted Moskowitz.

The DEA raided Stacy's San Diego dispensary "Movement in Action" on September 9, 2009, along with more than 20 others in a multi-agency law enforcement action coined "Operation Green Rx." This federal raid happened a month before the Justice Department issued a new policy on medical marijuana in October 2009, deemphasizing federal enforcement in medical marijuana states. Despite the new policy, however, the Obama Administration is continuing to aggressively prosecute Stacy, who will soon be the first medical marijuana provider to be tried under the new DOJ policy. (Read more after the jump.)

Because federal raids and prosecutions have continued under President Obama and Attorney General Holder, there is an urgent need to bring truth back into the trials of federal medical marijuana cases. Fortunately, there's a vehicle currently moving through Congress which would do just that. The "Truth in Trials" Act, introduced by Rep. Sam Farr (D-CA) and co-sponsored by more than two dozens members of Congress, is strongly endorsed by Americans for Safe Access (ASA). Although the raids should have stopped long ago, one thing we can do right now is to urge our members of Congress to pass this important legislation.

James Stacy may have been denied a medical marijuana defense, but let's make sure going forward no other medical marijuana patients or providers are denied the same. Join with ASA and Change.org in calling on lawmakers to support the Truth in Trials Act and asking House Judiciary Committee Chairman John Conyers (D-MI) to host a hearing on this much-needed reform.

Photo Credit: Erik Herrera

Kris Hermes is the legal campaign director at Americans for Safe Access, which advocates for the rights of medical marijuana patients across the country.

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