Pubdate: Thu, 06 Dec 2001
Source: Times-Standard (CA)
Copyright: 2001 The Times-Standard
Contact:  http://www.times-standard.com/
Details: http://www.mapinc.org/media/1051
Author: James Tressler

GIAUQUE GETS PRISON SENTENCE

SAN FRANCISCO -- Chris Robert Giauque, who made headlines earlier this year 
during his battle with Humboldt County Sheriff Dennis Lewis over a seized 
ounce of medical marijuana, now could spend more than a year in federal 
prison for his latest drug conviction.

A raid of his Salmon Creek home in August by the Sheriff's Department and 
federal Drug Enforcement Agency resulted in the seizure of more than 200 
marijuana plants, along with more than 100 pounds of dried marijuana and 
hash oil.

Giauque claimed the bust was a vindictive act by law enforcement, staged to 
get back at him for his long-standing legal battle with Sheriff Dennis 
Lewis. The sheriff has denied this claim. Giauque, who is a medical 
marijuana patient, sued the sheriff's department earlier this year over an 
ounce of pot seized from him during traffic stop in spring 2000. A federal 
court has yet to rule on whether Giauque is entitled to the ounce of pot. 
But his attempts, and Lewis' refusal, made news around the state and 
provided fodder for both pro- and anti-marijuana debate camps.

=46ederal prosecutors, citing the large amount of pot seized in the August 
raid, said they didn't believe Giauque was growing all of the pot solely 
for medical use.

In a telephone interview on Wednesday, Giauque said he and his attorney 
compiled 60 pieces of evidence in preparing his argument that the bust was 
a vindictive act. But in the end he decided not to roll the dice, facing 
losing a trial and going to prison for perhaps 10 years.

"I just had to cut my losses," he said.

Giauque pleaded guilty to felony possession of 90 plants, for which he'll 
face 15 to 21 months in federal prison. He is not in custody, granted a 
release until his sentencing in March at the U.S. District Court in San 
Francisco.

Giauque already has two prior state convictions. On Wednesday he said he's 
not happy about having to go to prison again, but conceded that as a 
marijuana activist and user he knows that the possibility of jail time goes 
with the territory.

"I think our drug laws are just atrocious," Giauque said. "We need to move 
ahead and legalize marijuana ... We have violent criminals walking the 
streets, and we bust someone with a little too much of one substance or 
another."
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