Press Release
The Most Significant Medical Marijuana Case in U.S. History
INTRODUCTION: In California there is a case that could change U.S. law. While the President and Congress do not want to seem like they are soft on drugs, the marijuana laws have become a political controversy and a subject few politicians want to touch. However, there does seem to be an outcry of the people, as 13 states have passed medical marijuana laws and more than a dozen others are considering legislation in defiance of the Federal law. While lawmakers may run for cover over this issue, one small group of defendants, one Federal Judge (Cormac J. Carney) in California and a jury may soon drive a fatal stake in the heart of the outdated and unconstitutional U.S. marijuana laws and write a new chapter of history. Judge Carney in an unprecedented and landmark decision has allowed an affirmative medical defense for the first time is a United States Federal Court. This ruling was made despite marijuana remaining on the DEA’s schedule 1 narcotic list, which states in part that schedule 1 drugs have no medical value. While the prosecution has been granted 10 continuances, it would seem they are worried about the outcome of this case. Who are these people that make up this small “den of criminals” that the U.S. Attorney’s office has spent more than a million dollars on persecuting? A man that ran a legal non-profit patient collective, who is himself suffering with a life threatening disease (Steele Smith), his wife (Threse Smith), a 23-year-old kid with elephant man syndrome and has endured 30 surgeries on his head to relieve pressure to save his life (Alexander Valentine) and a homeless man (Dennis LaLonde) who the Smith’s invited to sleep on their couch because it was cold and raining out, and who knew absolutely NOTHING about their non-profit collective. As I’m sure you can see, these are certainly scary people…who’s kidding who? Steele and his three co-defendants are facing 10 to 20 years in federal prison if convicted, which in my opinion would be one of the biggest miscarriages of justice in recent history.
While all the defendants have done some jail time, Steele is the pull star and has taken the lead in this fight. Also, Steele has spent the most time in jail out of all the defendants, which was about 10 months in a federal prison and year and a half with an electronic ankle bracelet along with a 6 p.m. curfew. The prosecution recently offered to waive the 20 year mandatory sentence allowing him to plead guilty with time served. While that would have been the easy thing for him to do, they sorely underestimated the spirit of this freedom fighter, as he turned down their offer flat and said we’ll see you in court. Steele knew that if he took the deal the misguided U.S. policy on marijuana would continue, which would have the effect of keeping life changing palliative medicine out of the hands of patients that desperately need it. After seeing this, Judge Carney immediately released him from his ankle bracelet and lifted his curfew knowing that this brave man was no flight risk.
BACKGROUND & CALIFORNIA STATE LAW: In 1996, California voters passed a referendum by the people allowing medical use of marijuana. Proposition 215, called “The Compassionate Use Act” allowed patients with a doctor’s recommendation to cultivate, grow and use marijuana. That law also took into account that many patients due to living space and/or health conditions would not be able to grow for themselves, and allowed patients to form collectives and/or cooperatives to cultivate, grow and distribute medical marijuana to its qualified members with a current doctor’s recommendation. In 2003, The California legislature passed SB420 which clarified California’s medical marijuana laws and ordered the Attorney General to draft guidelines that would apply to law enforcement, patients and cooperatives/collectives. In August of 2008, California Attorney General Edmund G. Brown issued the Attorney General’s Guidelines, which together with Prop. 215 & SB420 constitutes California’s medical marijuana laws. While California laws conflict with Federal law, the people have asserted our States rights when it comes to medical marijuana. Under current U.S. policy, the Obama administration has ordered the DEA not to raid, arrest or harass medical marijuana patients and growing collectives as long as they are following their respected state laws. Currently there are 13 states that have medical marijuana laws.
STEELE SMITH CASE: What makes the Steele Smith case so significant is that it is the first medical marijuana case in U.S. that has been allowed to use an affirmative medical defense. In the other cases that have been tried in the past, this defense was never allowed to be argued, as marijuana is classified as a schedule 1 drug which means it has no medical use according to the U.S. government. When this case is won, it will severely damage and undermine the U.S. Government’s ability to keep marijuana as a class 1 drug, given that 12 jurors and a federal judge may say otherwise.
In the famous Ed Rosenthal case, Rosenthal was growing medical marijuana in Oakland, CA and was actually deputized by the city to do so, but despite following California law, he was arrested by federal DEA agents, tired in Federal court and convicted. The jury was never allowed to hear a medical defense and the jury had no knowledge that he was growing for the city of Oakland. When the jurors found out after the trial, many of them were upset that these facts were withheld from them and stated that would have changed their vote. Not being able to bring up a medical defense, the prosecution painted Rosenthal as a “drug king pin.” The judges in the case knew what a miscarriage of justice this was and sentenced Rosenthal to one day in jail and gave him credit for time served. But it is important to understand that Ed Rosenthal still has a criminal record for doing NOTHING wrong. The last I knew Ed’s case was under appeal and I trust will be overturned by a higher court.
Steele has never said he did not do the things he is accused of. He did cultivate and possess marijuana with intent to distribute, but where his legal team disagrees with Federal prosecutors is that those activities are illegal. In the end, this case will be given to 12 jurors who will hold the power to nullify the Federal law. We pray that they do their deliberations carefully and make their judgment on the side of compassion. Jury nullification has a rich history in our nation, as juries have overturned laws on slavery, prohibition, the draft and assisted suicide. Contrary to popular belief, juries are not bound by the constraints of law or the judge’s jury instructions, but rather by the dictates of their own conscious. “The law itself is on trial quite as much as the cause which is to be decided” Harlan F. Stone, 12th Chief Justice of the United States Supreme Court 1941. On this quote we rest our faith that a compassionate people in a duly constituted jury will come back with a verdict of innocent on all charges.
In Steele’s case, the tragedy that has plagued every medical marijuana case in U.S. History is now a thing of the past, as Federal Judge Cormac J. Carney has ruled that a medical defense can be used. Prosecutors raised their usual objections, sighting federal law and previous precedent, but in the end Judge Carney sided with Steele and paved the way for the first ever medical defense for cultivation, position with intent to distribute medical marijuana in any Federal Court. In addition to the medical marijuana impact on federal and state law, this case has far reaching implication when it comes to states rights. We might have to go back to the time of the civil war to find a more significant case dealing with states’ rights.
STEELE CASE TRIAL, RALLY, MEDIA EVENT & PRESS CONFERANCE:
The Steele Smith Trial & Rally is set for March 9th, 2010 at the Ronald Regan Federal Courthouse, 4th Floor, 411 West 4th Street, Santa Ana, CA 92701. The Rally & Press Conference is scheduled for 8:30AM til 11AM In front of the Court House. Trial is set to follow on the 4th floor. All media is encouraged to be there as history will be made.
STEELE SMITH THE NON-PROFIT COLLECTIVE OPORATOR: Steele Smith founded California Compassionate Caregivers (3-C) and was serving more than a thousand patients with current doctor’s recommendations. In his capacity as President of this non-profit collective, it was Steele’s job to cultivate and distribute medical marijuana in accordance with the laws of the State of California. Which means the collective was legally registered with the State of California, incorporated as a California non-profit mutual benefit corporation, Federal & State tax ID numbers, California State Board of Equalization (State Sales Tax Board), a city business license allowing the collective to operate in full compliance with California state law. Steele operated within the laws and the collective was on a city street in plain view of everyone to see. He was neither ashamed nor afraid of what he was doing, as he was following the law and paying his taxes like any other businessman would.
When the Federal DEA officers raided his operation and found 1,289 plants and 11 pounds of marijuana he was immediately arrested and charged under Federal law. It should be noted that state law allows a collective to have ½ pound of marijuana and 12 plants for EVERY patient’s in the collective. At the time C-3 was raided it was holding over 1,000 patient’s doctors recommendations which would allow them to have 12,000 plants and 500 pounds of medicine. At the time of the raid, the collective was holding less than 10% of the allowable quantity of plants and marijuana.
The member patients of C-3 suffer from a myriad of medical condition. One notable such case is a young man of 23 suffering from elephant man syndrome, aka Proteus syndrome who is also a co-defendant in this case. This young man lives in constant pain and has had 30 surgeries on his head to remove growing bone, without such surgery he would die. He has been on many pain killers which destroy his liver and leave him in a stupor with no quality of life. It wasn’t until he discovered medical marijuana that he had any semblance of a life as we know it. In addition to this story there are many others, from AIDS patients to chemotherapy patients, who use it to control nausea and pain.
STEELE SMITH THE PATIENT: Steele suffers from Zollinger-Ellison Syndrome, a disorder which causes his body to produce too much hydrochloric acid in his stomach. The excess production of HCI causes peptic ulcers in 95% of people with the condition. If you could imagine being chemically burned from the inside out, all the way from the stomach to the esophagus, then we may have some understanding of how Steele lives every day of his life. If that is not enough, 25% of patients with this condition develop tumors in their lymph nodes, liver, pituitary, thyroid and pancreas. Any pain killers that would kill the pain also are hard on the stomach, in addition to long term use causing damage to the liver and kidneys. Thankfully, Steele discovered that nothing can treat this condition as effectively as medical marijuana, as it is the only thing that will curb the nausea so he can hold down food without great pain. Though his own experience, Steele knew he had to help more patients get medical marijuana and provide needed education so people like Steele did not have to suffer. While Federal prosecutors will call him a drug dealer, his fellow patients at C-3 would call him an angel of mercy, to the people that have fought tirelessly for the rights of patients to have safe access to doctor recommended medical marijuana, he would be called a freedom fighter, but for the people that know and love Steele, he is about the best friend you would ever want to have. They say you know the character of a man when you are in a foxhole taking fire. Steele is one of the bravest people I have ever know in my life, and in this and other causes I am in awe to stand with him.
STEELE SMITH BIO: While the shadow of this case has in no small measure defined Steel’s life to this point, before this Steele’s accomplishments were many. He holds a B.A. in English Literature from USC (University of Southern California), he founded his own company (U.S. Vinyl) where he held two U.S. Patents, a U.S. Trademark and where in 2006 he was recognized by the United State Jaycee’s for his accomplishments and patents. Steele’s diagnosis of Zollinger-Ellison Syndrome in 2001 certainly changed the direction of his life as this driven man search for relief which could only be attained with medical marijuana.
NOTE TO THE PRESS: If you would like an interview with Steele Smith contact:
Travis Winden, Ph.D.
Ambassador, American for Safe Access
(760) 271-8726 – M-F best to call after 2:30PM Pacific Standard Time or anytime on the weekends