Pubdate: Mon, 11 Mar 2002 Source: Petaluma Argus-Courier (CA) Copyright: 2002 Pulitzer Community Newspapers, Inc. Contact: http://www.arguscourier.com/ Details: http://www.mapinc.org/media/741 Author: Lois Pearlman, Argus-Courier Staff KEN HAYES STAYING IN CANADA AFTER MARIJUANA BUST Ex-Petaluman Says He's An Attractive Target To Feds A former Petaluma resident who was arrested in Canada two weeks ago on federal marijuana charges said the government is targeting him because he has proven with a previous acquittal that it is possible to grow medical marijuana in spite of federal laws. Hayes was arrested in Vancouver Feb. 12 based on a complaint filed in federal district court in Oakland by Drug Enforcement Administration Special Agent Jon Pickette. The complaint charges Hayes and Richard Watts of San Francisco with growing marijuana for sale at the 6th Street Harm Reduction Center, a medical marijuana buyers club in San Francisco. According to the complaint, police found marijuana plants growing indoors when they conducted raids on the King Road property where Hayes lived until mid-January, and at the 6th Street Harm Reduction Center. The raids occurred Jan. 9 and Feb. 12. Hayes and Watts face three charges of cultivating marijuana and maintaining a place for cultivation, punishable by five to 40 years in prison for each charge. Officials also arrested a third man, Edward Rosenthal of Oakland. Hayes has been living in Canada since Jan. 13 with his partner Cheryl Sequeira and their 3-year-old daughter. He would not say whether or not he was still involved with the San Francisco buyers' club. In a telephone interview, Hayes said he and his family moved to Canada "because we're fleeing the drug wars. They're infringing upon patients' rights to self-medicate." Medical marijuana policies are more "humane' in Canada than in the U.S., where federal anti-marijuana laws take precedent over some laws in some states that legalize marijuana for medical use, Hayes said. According to Hayes, federal DEA agents used paid informants to concoct a case against him. But an affidavit in support of the search warrants for the King Road and San Francisco locations, details a surveillance operation begun in April, 2001 which turned up evidence that Watts and Hayes were involved in marijuana trafficking between the U.S. and Canada. Hayes questions the efficacy of government resources spent in busting producers of medical marijuana which, he said, is harmless at worst and valuable for pain relief and other medical purposes at best. He said he is an attractive target because he was already acquitted in Sonoma County Superior Court last year for growing 899 plants for the 6th Street center. Marijuana for medical sue is legal under California law. "Why is it they want to target medical marijuana so badly when they could be going after things that are really harmful?" he asked. "They want to target me because I've been outspoken, forthright and acquitted by a jury of my peers." - --- MAP posted-by: Derek