Pubdate: Thu, 19 Aug 2004
Source: Lake County Record-Bee (CA)
Copyright: 2004 Record-Bee
Contact:  http://www.record-bee.com/
Details: http://www.mapinc.org/media/3384
Author: John Lindblom, Record-Bee staff
Cited: Eddy's Medicinal Gardens http://www.eddysmedicinalgardens.com/
Cited: Americans for Safe Access http://www.safeaccessnow.org/
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)

DEA RAIDS LEPP'S POT FARM

UPPER LAKE - For Eddy Lepp, who claims to have the largest acreage of 
legally grown marijuana in the country, it was a bitter harvest Wednesday 
as Federal Drug Enforcement Administration (DEA) officers, assisted by Lake 
County Sheriff's deputies, destroyed 40 acres of plants and arrested him.

Richard Meyer, a special agent and public information officer for the DEA's 
San Francisco office, placed the value of marijuana removed from Lepp's 
property, conservatively, at $80 million.

Lepp will be formally charged probably for possession with intent to 
distribute before a U.S. Magistrate Court in San Francisco today.

"He will have to be here in San Francisco for an initial appearance," said 
Meyer. "The judge will read the charges and constitutional rights to Mr. Lepp."

Although Lepp's circumstances Wednesday prevented him from speaking to the 
media, the arrest is another chapter in a long-running feud he has had with 
the DEA, which he is attempting to sue out of existence.

In an unpublished interview with the Record-Bee earlier this year, Lepp 
said he is seeking $67 million from the DEA for taking 1,700 kilos of 
ostensibly legal marijuana plants off his property two years ago.

The DEA warrant used Wednesday to arrest Lepp and destroy a marijuana crop 
that is easily visible from Highway 20, Meyer asserted, supersedes 
California statutes which Lepp believes give him the right to legally grow 
medical marijuana.

But Meyer said it is possible that several federal charges can be leveled 
against Lepp while none are filed by the state. And Chief Sheriff's Deputy 
Russ Perdock said that to the best of his knowledge there are no state 
charges against Lepp.

No matter, said Meyer.

"According to the United Constitution there is a supremacy clause, which 
says that in case of conflict federal law precedes state law," he said and 
added, "According to federal law, there is no such thing as medical 
marijuana. Marijuana is a dangerous drug that the United States Congress 
has classified as a Schedule One substance. A Schedule One substance 
doesn't have any accepted medical use in the United States and a high 
potential for abuse."

Virtually all of California's medical marijuana proponents object to this 
type of rhetoric by the DEA.

"We've got mixed signals here," said William Dolphin, spokesperson for 
Americans for Safe Access, which is the largest national organization 
supporting medical marijuana. "The federal courts are saying that people 
who are allowed marijuana legally by the state of California should be left 
alone by the federal government, and yet the DEA continues to insist that 
there is no such thing as medical marijuana.

" ... Even when federal courts have said otherwise," Dolphin added, citing 
two U.S. appeals court rulings in support of medical marijuana the most 
recent the appeals court's reversal of a 10-year trafficking sentence for 
Brian Epis of Chico.

Meyer said 12 other people were arrested on Wednesday for marijuana-related 
offenses who will be tried in state courts, but did not elaborate. "We 
don't have names or places, but they will be charged by state authority, 
whereas Mr. Lepp is being charged by federal authority," Meyer said.

The DEA formula for determining the weight of marijuana is one pound per 
plant and $4,000 per pound.

"We'll tally up the plants seized (on Lepp's property). Right now the tally 
is 20,000 plants," Meyer said.

A man who does not shrink from battles with law enforcement officials and 
doggedly defends his rights and those of others on marijuana issues, Lepp's 
arrest was certain to send reverberations through the local and medical 
marijuana communities.

Lepp has claimed that he and his wife Linda have "been personally 
responsible for helping 4,000 people" who used marijuana for numerous 
medical reasons.

More recently, Lepp began working closely with Dr. Milan Hopkins, who 
dispenses medical marijuana from his office in Upper Lake.

Lepp maintains he has never sold marijuana. In the interview earlier this 
year, he described how, for a $500 contribution to his ministry, he will 
grow up to six plants for a patient who is disabled and has a valid 
doctor's recommendation for marijuana.

"The donation covers the cost of labor, fertilizer, water and security, 
which is intense at the end of the growing season," he told a Record-Bee 
reporter. "There is never a charge for the plant or the product. We do not 
sell marijuana. We never have, we never will."

The nature of his business being what it is, Lepp has been at odds with the 
law almost constantly. In addition to a suit he filed against the U.S. 
Attorney General and the DEA for the earlier bust, he has a case against 
Lake County, which he said was in appeal. He maintains an up-to-date 
knowledge of state and federal laws governing marijuana and in the 
interview with the Record-Bee, said:

"What we're doing is demanding that (the DEA) bring forth legislative 
jurisdiction in other words the authority under which they enforced federal 
law inside the sovereign republic of California.

"They can't do that, they do not have that power. The federal government 
does not have the authority to enforce federal law inside any of the 
sovereign states."

Lepp also claimed that in their earlier seizure of marijuana on his 
property the DEA acted on laws that either didn't exist or hadn't been 
acted on.

"The immediate closure of the DEA that's what we ask for," Lepp said in the 
earlier interview. "They are an illegal operation and are operating under 
laws that do not exist." 
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MAP posted-by: Richard Lake