Pubdate: Sat, 12 Oct 2002 Source: San Diego Union Tribune (CA) Copyright: 2002 Union-Tribune Publishing Co. Contact: http://www.uniontrib.com/ Details: http://www.mapinc.org/media/386 Authors: Jeff McDonald and Marisa Taylor, Union-Tribune Staff Writers A MEDICAL MARIJUANA ACTIVIST IS ARRESTED McWilliams Out On Bail After Federal Charges Medical-marijuana activist Steven McWilliams was arrested on federal drug charges yesterday morning, with law enforcement officers quietly taking him into custody outside his Normal Heights home as he walked his dogs. McWilliams, 48, was hustled away by five U.S. drug enforcement agents. He later made an initial appearance in federal court, where he pleaded not guilty to pot-growing charges. He was released last night after friends and supporters pledged to pay a $50,000 bond if he fails to show up for court appearances. McWilliams faces a mandatory five-year minimum prison sentence if he is convicted. In 1999, police raided a marijuana garden that McWilliams organized, but he was not prosecuted. Federal authorities are now using that case to enhance their charges. "The district attorney refused to file charges in 1999," McWilliams said. "The feds could have done it then too. It seems like a really wrongful action to dredge up stuff from so long ago." The arrest yesterday came 21/2 weeks after federal drug enforcement agents uprooted 25 marijuana plants from the front yard of the bungalow McWilliams shares with Barbara MacKenzie. Days before that, a Drug Enforcement Administration officer hand-delivered McWilliams a letter signed by interim U.S. Attorney Carol Lam warning him that he might be arrested if he did not stop growing marijuana. McWilliams and MacKenzie are among the most visible advocates for medical marijuana in San Diego, operating a resource center and helping sick and dying people obtain the drug under California's Proposition 215. More than once, they smoked marijuana on the steps of San Diego City Hall to draw attention to their cause. But they also have worked closely with city officials and police to stay within state law, however fuzzy it is. The state law conflicts with federal drug statutes, which prohibit the use, possession or cultivation of marijuana. Federal prosecutors refused to comment on the case. Agents declined to arrest MacKenzie, for reasons that remain unclear, although she said one federal drug enforcement officer told her yesterday he would discuss possible charges against her later. "We're already in pain because they took our medicine," she said. "But it's not a complete surprise. They had to make an arrest because it's part of the process, and they don't know how to stop the process once it starts." McWilliams may not remain free for long. One condition of his release requires him to stay away from drugs, and he can be tested at any time. A positive test result, which could send him back to jail, may be likely for weeks to come because he has been a heavy pot smoker for years. McWilliams has a prescription for Marinol, a pill designed to simulate the analgesic properties of marijuana, but he said he has tried them before, and they do not ease his chronic pain. "I have to abide by terms of my release, but it's going to be really tough," he said just outside the federal jail downtown. "I've got Marinol, but that's not effective." Proposition 215, approved by voters in 1996, allows patients to grow and use marijuana to ease chronic pain and other ailments. Seven other states have approved similar laws, and more initiatives appear on ballots next month. Under California's proposition, a doctor can write a letter saying a patient could benefit from using marijuana to decrease pain and nausea or stimulate appetite. With such a letter, personal use of marijuana is legal under state law. But the U.S. Supreme Court bolstered the enforcement of federal law when it ruled last year that medical need cannot be used as a defense against marijuana charges in federal court. David Zugman, a San Diego attorney who is representing McWilliams free of charge, said he still might be able to attack the federal prosecution of his client on constitutional grounds. He said the Supreme Court decision was aimed at growers who cultivate marijuana for others, not those who grow it for their own medical need. McWilliams was taken into custody just before 8 a.m. outside his home. Agents took the two dogs and returned them to MacKenzie, who was not allowed to speak with McWilliams before he was taken away. The arrest outraged some patients, local officials and community activists, who said the federal government should be investing its limited resources in more appropriate causes. Federal agents arrested McWilliams five days before a committee of the San Diego City Council considers guidelines on how the estimated 1,500 to 3,000 medical-marijuana patients in the city might take advantage of Proposition 215. City officials also are moving ahead with plans to issue identification cards for registered medical-marijuana patients. Even so, San Diego Mayor Dick Murphy declined yesterday to discuss the arrest. But Councilwoman Toni Atkins, in whose district McWilliams resides, called the government action "mind-boggling." She criticized federal officials, saying they are targeting people like McWilliams who have been active in pushing the marijuana debate forward. "This is not what the DEA should be spending our taxpayer dollars on," Atkins said. "Steve McWilliams isn't a threat to anyone, and to many people, he's actually a hero who's trying to improve their quality of life." Michael Barbee, a member of the task force that wrote the Proposition 215 city guidelines, was even more blunt. "No one is safe from the federal government, regardless of what a person's state government says or the outcome of a statewide vote," Barbee said. "People should stand up in support of Steve McWilliams." But federal officials defended the arrest. Donald Thornhill Jr., a spokesman for the DEA in San Diego, said McWilliams has drawn attention to himself by regularly seeking media coverage. "The DEA is not singling these people out. We're just enforcing the law," Thornhill said. "This guy is violating the law and he's flaunting it. He brought this whole thing on himself." McWilliams has been arrested numerous times in recent years for growing marijuana, although local officials have largely left him alone since he agreed to plead guilty to misdemeanor cultivation charges in 1999 and stop distributing the drug. However, in July 1999, police raided a cooperative garden he organized and confiscated 448 plants. San Diego County never prosecuted that case, leaving it open for federal prosecutors to present the case to a grand jury. The only reason McWilliams is facing a mandatory five-year minimum sentence is because federal prosecutors are pursing him for that raid. Otherwise, he would only be facing one felony count for growing 25 plants, which would give a judge more discretion to sentence him to probation. - --- MAP posted-by: Josh