Pubdate: Fri, 08 Nov 2002
Source: Oregon Daily Emerald (OR)
Copyright: 2002, Oregon Daily Emerald
Contact:  http://www.dailyemerald.com/
Details: http://www.mapinc.org/media/1518
Author: Caron Alarab
Note: Caron Alarab is a freelance writer for the Emerald.
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)

SEARCH AND SEIZURE

Ordinarily, Leroy Stubblefield enjoys it when his friends stop by 
unannounced. As a 54-year-old Vietnam veteran, however, Stubblefield said 
he was not happy when a "friend" from the Drug Enforcement Agency stopped 
in without notice -- and without identifying himself -- and seized his 
state-authorized marijuana plants during a search of his Lebanon ranch in 
late September.

"I try to lead a very simple life," he said. "It's an ultimate shock."

On Sept. 23, during a state investigation of a potentially excessive number 
of legal plants on the premises, DEA agent Michael Spasaro took 12 plants 
from Stubblefield's 2.5 acre ranch, eight of which belonged to his two 
caregivers, fellow veterans and medical marijuana card holders Scott 
Russell, 46, and Clarence Vandehay, 48. Although the three men were in 
accordance with state law, which allows up to seven plants per person, 
Stubblefield said he would not have allowed the members of the Valley 
Interagency Narcotics Team (VALIANT) to perform the search had he known a 
federal agent -- enforcing federal laws -- was with them. Spasaro was 
unable to be reached for comment.

Stubblefield, a quadriplegic who has been registered with the Oregon State 
Health Division as a medical marijuana user since 1999, said he uses 
marijuana to relieve pain associated with post traumatic stress disorder 
and to repress sleep apnea, two conditions his doctors say are a result of 
his combat experience overseas.

Marijuana has been a point of contention between states and the U.S. 
government since the Marihuana Tax Act of 1937. Fighting against federally 
assisted state searches and for the return of his plants, Stubblefield has 
teamed up with a Portland attorney and The Hemp and Cannabis Foundation -- 
or THC -- to file two lawsuits, one state and one federal.

"Federal agents do not belong on state searches whatsoever because 
(ensuring compliance with state law is) an Oregon, not a federal, 
procedure," he said. "Hopefully, this lawsuit will help to change that."

DEA Assistant Special Agent Ken Magee, the Portland official who oversees 
narcotics enforcement operations in Oregon, said a cooperative agreement 
between state and federal enforcement in any narcotics investigation is 
essential to organizing task force arrangements.

"Agents have a statutory obligation to enforce the laws passed by the 
elected officials of this country," he said. "This is not the first time a 
lawsuit of this kind has been filed."

Substance Abuse Prevention Program director Miki Mace teaches a class 
through SAPP called "The Truth About Marijuana," and said she thinks 
lawsuits such as Stubblefield's could eventually lead to an accordance 
between federal and state laws.

"I think there has to be a day when they agree, because lawsuits will 
continue to occur until legislation changes," she said. "If anything, it 
should give somebody pause as to whether things should remain the same."

Stubblefield's attorney, Anne Witte of Portland, said she intends to ask 
state public health officer Grant Higginson, administrator of the Oregon 
Medical Marijuana Act, and the American Civil Liberties Union to file a 
suit with them in federal court. She said she hopes to stop Attorney 
General John Ashcroft and the DEA from prosecuting medical marijuana 
patients, many of whom, like her client, are war veterans.

At age 18, Stubblefield volunteered to fight in Vietnam. By the age of 20, 
Stubblefield said he had tried marijuana twice and decided against using it 
at all, especially while in combat, because he thought it would hinder his 
ability to function. In 1969, the 21-year-old soldier flew home with a need 
for sleep and a desire for companionship.

Stubblefield went out on the town, driving his parents' car. About a mile 
from home, he fell asleep at the wheel and broke his neck in a car 
accident, leaving him a quadriplegic. The Coast Guard gave him an honorable 
medical discharge for passing out in a state of complacency, casually 
referred to as a "safe zone" by soldiers and veterans.

"I'd say at least 90 percent of vets could benefit mentally and physically 
from the use of marijuana," Stubblefield said, referring to PTSD-related 
flashbacks he and other veterans experience, which can be controlled by 
constant consumption of "downers" like marijuana, he said. Because of 
marijuana, Stubblefield said he does not have to use as much methadone, a 
harsher medication previously prescribed for his pain.

"I'm proud to be able to help Leroy and others and continue this fight," 
said THC Executive Director Paul Stanford, founder of the nonprofit 
pro-marijuana group. After the September seizure, THC gave Stubblefield, 
Russell and Vandehay seven new plants total and an ounce of marijuana each.

Thankful for the support for his case, Stubblefield said he wants people to 
take a second look at the system.

"What good does it do to cast a vote," he said, "when we, as the people, 
don't get what we vote for."

Note: Veteran Leroy Stubblefield fights to grow medical marijuana plants 
despite contradictions in state and federal laws.
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MAP posted-by: Terry Liittschwager