Source: Register-Guard, The (OR) Contact: http://www.registerguard.com/ Pubdate: Wed, 16 Sep 1998 Author: JANELLE HARTMAN MARIJUANA ACTIVIST ARRESTED IN RAID HARRISBURG - Well-known marijuana activist Bill Conde was arrested Tuesday for allegedly possessing the drug after Linn County sheriff's deputies searched his home and redwood lumber business, a search Conde'slawyer decried as illegal and politically motivated. "Linn County has taken a political exception to Mr. Conde's views," attorney Brian Michaels said at the gate to Conde's property while the search was under way. "This is political intimidation at its worst." Sheriff Dave Burright said deputies were acting on "very serious allegations of illegal activity" on Conde's property at 23005 N. Coburg Road, specifically during his "Cannabis Carnival Unity Fair" in early September. "We have eyewitness accounts of multiple, multiple illegal drug transactions and drug use, just a total disregard for the law," Burright said, alleging that drugs were being used in front of children and, in some cases, by children. "This is something I will not tolerate in this county," he said. According to a sheriff's office news release, Conde, 55, was charged with possession of marijuana. He was taken to the Linn County Jail in Albany and later released. Deputies also arrested James Steven Dowd, 20, who lived at Conde's residence, on a warrant from Washington state for possession of a controlled substance. Conde hasn't been arrested in recent years, according to his lawyer and court records. In 1976, he was arrested after a raid in Cottage Grove, where he lived and ran his business. He was convicted on two drug charges two years later and sentenced to 90 days in jail. Conde argued in court then that he was Christian, and that God provided marijuana to be used with other herbs. Part way through his jail term, shaken by the impact the case had on his life and business, he told a judge he wouldn't use marijuana anymore and no longer viewed the drug as part of his religion. Michaels angrily called Tuesday's search warrant "overbroad" and said deputies took all of Conde's business records and computers, effectively shutting down his lumberyard. The warrant stated that deputies were searching not only for drugs, but for records of drug transactions and paperwork to identify people who attended or worked at the Cannabis Carnival - one of many marijuana-themed events Conde has hosted. The events draw political activists and vendors who make food, beverages, clothing and other items from hemp. Michaels charged that authorities are trying to pressure Conde into abandoning his First Amendment rights to campaign for marijuana legalization, and are trying to bully supporters into staying away from his gatherings. Burright said Conde is free to have political events and free to speak his mind, "but he will conduct himself in a legal manner." He said more arrests are likely if police can identify people who used or sold drugs at the latest festival. "There's a lot of people who ought to be watching over their shoulders," he said. Investigators believe illegal drugs in addition to marijuana were being used at the festival, he said. Michaels said Conde in no way "promoted or profited" from drug use at the event, meaning he committed no crimes there and can't be held accountable for the behavior of others. Doing so would be like holding the University of Oregon liable for someone who uses drugs at a football game, he said. He said Conde hired security for the event and instructed officers to escort people off the property if they saw criminal behavior. The orders, however, didn't pertain to possessing or smoking marijuana. Under Oregon law, having less than an ounce of marijuana is a violation, not a crime. Conde is campaigning against a measure on the November ballot, Measure 57, which would recriminalize marijuana use and possession. He is lobbying for a second proposal, Measure 67, to allow medical use of marijuana. "Mr. Conde isn't a drug dealer," Michaels said. "If they're going to claim he smokes marijuana, I think he's openly admitted that. But any other criminal activity, it just doesn't happen." Michaels said he doesn't understand how allegations of criminal conduct on the festival site north of Conde's house gave deputies a right to search the home. "They're in his private residence going through his clothing drawers," he said. Conde plans to fight back in court, he said. "I think they picked on the wrong guy," Michaels said. "As I know Mr. Conde over the years, we're going to see the county in court over this for a long time." - --- Checked-by: Rich O'Grady