If you would like to help please copy the sample letter and send it to:
Sample Letter below
Address
Date
Dear Attorney General Holder,
I am writing to ask that you act to correct the terrible injustice being done to James Stacy in San Diego, California. Mr. Stacy is being prosecuted for medical marijuana charges in federal court despite your office’s October 19 Memorandum for Selected United States Attorneys. Mr. Stacy was fully in compliance with California state law but is being charged with possession and distribution of marijuana in federal court. This is an outrage to justice and common sense and a slap in the face to President Obama’s intent declared in his May 20, 2009 Memorandum on Preemption.
James Stacy is a valuable member of American civil society. He is a small businessman who has earned the wide respect of the community. He is an honest and compassionate person who is a good neighbor and good citizen. His continued prosecution is not justified under the principals outlined in Deputy Attorney General David Osgood’s Memorandum for Selected Attorneys of October 19, 2009.
You must act to redress this wrong, Mr. Attorney General. If rogue prosecutors are allowed to arbitrarily pick random victims to serve as examples in service of their political agendas, then the rule of law fails us. Mr. Stacy is such a victim.
Respectfully,
Everyone who is outraged by the ordeal that James has been subjected to
Letters already sent.
Dear Attorney General Holder,
Dear Sir, let me start by saying that I have served 25 years in the US Air Force and strongly believe in service to and support of this great country and the freedom it stands for. I recently retired as a USAF Colonel, and I know the vast majority of those who serve our country, ranging from law enforcement to government representatives, are diligently working to do right according to our laws, policies, and values. I did not always agree with the specifics of the missions and orders I was given, but knew that in order for our country to be great we all need to work together and support our Democratic principles. I have traveled the world defending these beliefs, and am horrified by the recent events perpetrated within our own country as a result of the confusing and inconsistent laws on medical marijuana. I am writing to ask that you act to correct the terrible injustice being done to my brother James Stacy in San Diego, California. James is being prosecuted for medical marijuana charges in federal court despite your office’s October 19 Memorandum for Selected United States Attorneys. James was fully in compliance with California state law, and yet is charged with possession and distribution of marijuana in federal court. This is an outrage to justice and common sense and a slap in the face to President Obama’s intent declared in his May 20, 2009 Memorandum on Preemption.
James Stacy is a valuable member of his community. He is an honest and compassionate person who is a good neighbor and good citizen. He did his best to abide by the laws in California, and his continued prosecution is not justified under the principals outlined in Deputy Attorney General David Osgood’s Memorandum for Selected Attorneys of October 19, 2009, nor the values and principles of this great country.
You must act to redress this wrong. If rogue prosecutors are allowed to arbitrarily pick random victims to serve as examples in service of their political agendas, then the rule of law fails us. In these challenging times where we battle enemies threatening our way of life, economic crisis, and environmental challenges we cannot afford be distracted with ridiculous political agenda in our law enforcement agencies.
Very Respectfully,
Colonel Scott Stacy, USAF (Retired)
November 9, 2009
Dear Attorney General Holder,
I was pleased to read the late news reports about Deputy Attorney General David W. Osgood’s October 19th Memorandum for Selected United States Attorneys. I had hoped this would keep the promise of President Barak Obama’s May 20th Memorandum for the Heads of Executive Depts. and Agencies on Preemption. I also hoped that this would lead to the end of a terrible injustice being done in your name in San Diego: the federal prosecution of James Stacy for medical marijuana charges. I was deeply disappointed to read Mr. Osgood’s actual memorandum, and to hear that the US Attorney in San Diego regards that memorandum as an optional advisory that she may choose to ignore.
Mr. Osgood’s memorandum lists several “characteristics” that “may indicate illegal drug trafficking activity of potential federal interest,” none of which apply in James Stacy’s case. But the memorandum then goes on to state: “Nor does clear and unambiguous compliance with state law or the absence of one or all of the above factors create a legal defense to a violation of the Controlled Substances Act. Rather, this memorandum is intended solely as a guide to the exercise of investigative and prosecutorial discretion.” The memorandum goes on to state that it does not preclude prosecution “even when there is clear and unambiguous compliance with existing state law” if there are “important federal interests.” But the federal interest in James Stacy seems to be that he could not be prosecuted in state court since he was in compliance with existing state law.
In a KPBS radio story, San Diego’s U.S. attorney, Karen Hewitt, said the memo provides important guidance, but does not mean she has to prove a violation of state law before she can prosecute someone for illegal sale of marijuana. The guidance the Osgood memorandum has provided her is that she may ignore the memorandum at her discretion. Ms. Hewitt, a Bush holdover, should at the very least be required to justify continuing James Stacy’s prosecution. What “federal interests” are at stake, other than her license to prove your department’s words and President Obama’s words to be empty promises?
James Stacy is my son. His older brother was a top f-15 pilot for almost 25 years, retiring after several years as Florida Air National Guard Wing Commander. Our family is proud of him and his service to our country. We are equally proud of James, who is a hard-working, conscientious, kind man who has always cared about and helped others.
I am a recent breast cancer survivor. Three years ago James’ aunt died after a five-year struggle with cancer. His grandmother died of cancer. The idea that political ideologues should have prescribed what our care and treatment could have been is frightening to me. President Obama’s reference to Justice Brandeis’ comments on states as laboratories of democracy is most appropriate in this situation. We, the American people, elected President Obama because we wanted change. You must deliver that change.
I ask you to look into my son’s case and see to it that the President’s intent on preemption is carried out. It is shocking to me that James is being persecuted with my federal tax dollars. If he can be singled out for arbitrary persecution, then the Osgood memorandum is meaningless. Please help us.
Respectfully,
Marilyn Stacy