Pubdate: Thu, 24 Oct 2002
Source: Albany Democrat-Herald (OR)
Copyright: 2002 Lee Enterprises
Contact:  http://www.dhonline.com/
Details: http://www.mapinc.org/media/7
Author: George Petroccione

GROUP TO FILE SUIT OVER POT SEIZURE

LEBANON - A medical marijuana advocacy group has said it will file suit in 
federal court to force the U.S. Drug Enforcement Administration to return 
12 marijuana plants to three Lebanon men.

Paul Stanford, executive director of The Hemp and Cannabis Foundation, a 
pro-marijuana group based in Portland, said his organization will file the 
suit in federal court on behalf of Leroy Stubblefield of Lebanon within the 
next two weeks.

In addition, the group will also file a lawsuit in an Oregon court to 
prohibit federal agents from taking part in state drug investigations. The 
two lawsuits stem from a search Sept. 23 by the Valley Interagency 
Narcotics Team (VALIANT) at Stubblefield's home on Mountain Home Drive 
between Lebanon and Sweet Home.

Stubblefield, 54, and his two caregivers, Scott Russell, 46, and Clarence 
Vandehay, 48, all have medical marijuana cards issued by the state that 
allow them to have up to seven plants each.

The cards are issued to people with medical conditions whom doctors certify 
can be helped by the use of marijuana.

Stubblefield, a Vietnam veteran who has been a quadriplegic since a car 
accident in 1969, said he smokes marijuana to relieve pain and 
post-traumatic stress disorder and to curb sleep apnea.

Lt. Will McAnulty, who heads up VALIANT, said the team went to investigate 
a report that Stubblefield and his two caregivers were growing more plants 
than they were legally entitled to.

While the team was preparing to go to Stubblefield's home to check out the 
tip, DEA agent Michael Spasaro, who was in the office at the time, asked if 
he could go along.

The VALIANT officers and Spasaro arrived at the house shortly after noon. 
They did not serve a search warrant, but were given permission to search 
the house by the occupants.

Stubblefield said at a press conference at his home Wednesday that he and 
his caregivers were mislead when they gave permission to search their home.

"He never identified himself as a federal agent until he said he was 
seizing the plants," Stubblefield said Spasaro. "We thought he was part of 
VALIANT."

While state law allows people with the medical cards to cultivate and 
possess marijuana, federal law does not.

Spasaro seized the 12 plants growing in the basement garden under federal law.

Stanford, the marijuana advocate and a card holder himself, said he 
believes this is the first time that the federal government has overstepped 
Oregon law.

Stubblefield says he's angry.

"I felt we were left unprotected by our county," he said of the seizure. "I 
feel let down."

McAnulty said as long as Stubblefield and his helpers were within the legal 
limits on the number of plants they were growing, VALIANT would not have 
seized them. But it was there place to override Spasaro's decision.

"We are not in a position to stop him from enforcing his federal statutes," 
McAnulty said of the agents actions.

Stanford doesn't want to see this happen again.

His organization will ask the Oregon courts to issue an injunction to 
prevent state and local law enforcement agencies from working federal 
agents on all marijuana investigations so that there are no conflicts of laws.

In federal court, the group will ask that the 12 plants be returned to 
Stubblefield and that he be compensated for pain and mental anguish.

Stanford's group has supplied Stubblefield's household with seven new plants.

He said it will probably take another 2+ months before the plants are ready 
to harvest. In the mean time he also provided each of them with an ounce of 
cultivated marijuana to get them by.
- ---
MAP posted-by: Jay Bergstrom