Pubdate: Fri, 31 May 2002
Source: Press Democrat, The (CA)
Copyright: 2002 The Press Democrat
Contact:  http://www.pressdemo.com/
Details: http://www.mapinc.org/media/348
Author: Lori A. Carter
Bookmark: http://www.mapinc.org/raids.htm (Drug Raids)

ARRESTS HIGHLIGHT POT CONFLICT

CHARGED: Santa Rosa Men Released On Bail

SAN FRANCISCO -- Two Santa Rosa men who say they use medicinal pot were
released on $100,000 bail Thursday, a day after federal drug agents arrested
them on suspicion of cultivating marijuana.

Drug Enforcement Administration agents took Dan Nelson, 41, and Edward
Bierling, 44, into custody Wednesday, but federal prosecutors kept the
charges against them secret until a hearing Thursday in U.S. District Court.

Unsealed Thursday, the criminal complaint alleges that Nelson and Bierling
were growing more than 100 marijuana plants each in violation of federal
law. Nelson was charged with a separate count of maintaining a premises for
the cultivation.

On Wednesday, drug agents raided the Aiko Compassion Center, a storefront
marijuana buyers club on College Avenue, where Nelson was arrested.
Bierling's home was searched in March.

The case underscores the conflict between state and federal laws regarding
marijuana use, which some users say is often the only treatment that
alleviates their chronic ailments.

California voters approved an initiative in 1996 allowing marijuana use for
medical purposes with a doctor's approval. But under federal law, marijuana
use and cultivation remain illegal.

The U.S. Supreme Court ruled against the clubs last summer, clearing the way
for a federal crackdown. DEA agents say they aren't targeting the clubs, but
they don't ignore them if investigations point to them.

After Proposition 215 legalized medical marijuana use in California in 1996,
local authorities crafted a countywide protocol to deal with pot users who
have a doctor's recommendation to use the drug.

Local police generally have not pursued documented medical marijuana growers
and users unless they suspect the operation is a front for illegal drug
sales.

Santa Rosa attorney Richard Ingram, who represented the men in court
Thursday, protested to Magistrate Elizabeth Laporte that Nelson and Bierling
have peer-reviewed doctor's recommendations to use marijuana for chronic
medical problems.

Assistant U.S. Attorney George Bevan said that as much as confirms the men
illegally use marijuana.

"That is a violation of federal law, regardless of local agreements, which
I'm finding are a sham," he said.

"I'm not going to assume they're a sham or anything else," the judge said
with a smile, "but as you know, there is a conflict between state and
federal law on this issue."

The case is one of a handful in the court system involving marijuana
cooperatives that have been raided by federal authorities in the past
several months.

Local medical marijuana advocates have rallied to support those caught up in
federal legal tangles. A representative from the Marin Alliance for Medical
Marijuana was in court with Bierling and Nelson supporters.

"This hurts and scares and destroys the little patient collectives that
aren't doing any harm - in fact, they're helping people," said Lynnette Shaw
of the Marin group.

In Santa Rosa on Thursday afternoon, medical marijuana advocates marched in
front of the Aiko center that agents closed down Wednesday.

While DEA drug agents working in Sonoma County have said they are not
targeting medical marijuana clubs, Ingram said that's exactly what Nelson's
arrest appears to be about.

"It's very discouraging to have the federal government utilize its resources
to go after people who are in compliance with local and state law," he said.

Some cities and counties have issued ID cards to certified medical marijuana
users. In Sonoma County, certified users can obtain a letter from a panel of
doctors set up to review applicants and are allowed to possess up to three
pounds of pot.

Nelson will appear in court on June 6 to confirm his own counsel for further
proceedings. Both men will appear June 18 for arraignment.

Nelson and Bierling each face a mandatory minimum sentence of five years in
prison if convicted of the cultivation charge. The maximum sentence for
Nelson's charges is 60 years; Bierling faces up to 40 years.

According to the DEA, marijuana, cash, a car and a weapon were seized during
the search of Bierling's home and Aiko.
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