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US: Guilty Verdict in First Federal Medical Marijuana Trial in 3

Bay Area IndyMedia

Tuesday 28 Nov 2006

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Guilty Verdict in First Federal Medical Marijuana Trial in 3 Years
No Evidence of Medical Use Allowed in Trial of Merced County Patient

FRESNO -- A jury took less than a day to find a medical cannabis patient
guilty of violating federal marijuana laws. Dustin Costa, 60, a
prominent medical cannabis activist and former Marine, was found guilty
of manufacture of marijuana, possession of marijuana for distribution,
and possession of a firearm. Mr. Costa's sentencing date has not been
set, but he could face in excess of 20 years in prison. Mr. Costa
indicated he will appeal his conviction to the Ninth Circuit Court.

The federal charges were brought against Mr. Costa only after 18 months
of state court proceedings made it clear to local prosecutors that
California's medical cannabis law would provide him a defense.

"The conviction of another medical cannabis patient is a senseless
tragedy for all involved," said Steph Sherer, executive director of the
medical cannabis advocacy group Americans for Safe Access. "Imprisoning
patients is an injustice, and shameful when done against the will of the
vast majority of U.S. citizens that support the medical use of marijuana."

Because of the U.S. Supreme Court decision in Gonzales v. Raich,
patients like Costa cannot mention the phrase "medical marijuana," let
alone provide a medical defense in federal court. This was the first
federal trial of a medical cannabis patient since the high-profile 2003
conviction of author Ed Rosenthal. In the Rosenthal case, the jury
repudiated their verdict once they learned he was helping patients under
state law.

The original state marijuana cultivation charges against Mr. Costa,
president of the Merced Patients Group, stemmed from a March 2004 arrest
by Merced County Sheriffs following a raid on the greenhouse he
maintained. Since being re-arrested by federal agents on August 10,
2005, Mr. Costa has been held in Fresno County jail.

Mr. Costa represents the first of nearly a hundred patients and
providers expected to go to trial on arrests that have occurred since
Gonzales v. Raich. More than 90 patients and providers have been
arrested and nearly as many currently await trial in federal court.

With more than 30,000 active members with chapters and affiliates in
more than 40 states, Americans for Safe Access is the largest national
member-based organization of patients, medical professionals, scientists
and concerned citizens promoting safe and legal access to cannabis for
therapeutic uses and research.

Kris Hermes
Legal Campaign Director
Americans for Safe Access
http://www.SafeAccessNow.org
1322 Webster Street, Suite 402
Oakland, CA 94612
Phone: 510-251-1856 x307
Fax: 510-251-2036
Email: kris [at] SafeAccessNow.org

Join the fight for medical marijuana rights!
To receive ASA alerts, send a blank email to
asa-subscribe [at] lists.safeaccessnow.org

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