Pubdate: Fri, 20 Aug 2004 Source: Press Democrat, The (Santa Rosa, CA) Copyright: 2004 The Press Democrat Contact: http://www.pressdemo.com/ Details: http://www.mapinc.org/media/348 Author: Glenda Anderson, The Press Democrat Cited: Eddy's Medicinal Gardens http://www.eddysmedicinalgardens.com/ Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal) Bookmark: http://www.mapinc.org/find?115 (Cannabis - California) MARIJUANA GROWER COULD FACE LIFE IN PRISON Lake County man says farm's 32,500 plants intended for medicinal use and legal under state law. A Lake County man accused of growing more than 32,500 pot plants in plain view of Highway 20 travelers could face life in prison if convicted of federal charges filed against him Thursday. Charles "Eddy" Lepp, 52, was arraigned Thursday in U.S. District Court in San Francisco on charges of marijuana cultivation, conspiracy to cultivate marijuana and maintaining drug-involved premises, according to Assistant U.S. Attorney Dave Hall. The plants, purportedly intended for medical use, were confiscated and destroyed Wednesday during a federal raid on the garden, about a mile east of Upper Lake. State and local law enforcement assisted with the raid. The charges against Lepp carry a minimum of 10 years in prison and a maximum of life, said U.S. Drug Enforcement Administration spokesman Richard Meyer. Lepp was unavailable for comment Thursday, but his wife speculated that her husband would not be intimidated by the threat of a stiff prison sentence. "I know he's not going to quit fighting, because we're not hurting people, we're helping people," said Linda Senti. Lepp was released after posting a bond for his $200,000 bail, Meyer said. Senti said it's true Lepp was cultivating marijuana and intended to distribute it, but she argued that the activities were legal under California's voter-approved Proposition 215, which made medical marijuana legal. "I think it's a state's rights issue," she said. Senti also contended that the marijuana didn't really belong to Lepp, but to the patients who are members of his cooperative garden. The plants are grown to order, she said. Meyer said whether that distinction is important will have to be decided in court. "People can be very creative," he said. "They'll have a chance to explain their scheme to a jury." He estimated the street value of the marijuana at more than $80 million. He made no distinction between the value of the pot as a street drug and its value for medicinal use. Justin Watt, who identified himself as a volunteer worker on the 20-acre marijuana farm, said patients typically make a donation of $2,500 to Lepp's nonprofit "ministry," Eddy's Medicinal Gardens. But they don't have to, Watt said. "If they don't want to donate, that's their business. A lot of patients get it for free," he said. Watt was arrested and released on state felony cultivation charges during Wednesday's raid, as were 11 others at the farm. Lepp's case underscores the ongoing conflict between state and federal drug laws. While Proposition 215 legalized the use of medical marijuana in the state, growing pot continues to be illegal under federal law. Despite some recent federal court cases that appeared to yield to medical marijuana advocates, growing marijuana anywhere in the country is still illegal, Meyer said. Even in California, the issue is not clear. While state law allows for a person to grow up to 12 immature plants for personal use with a medical prescription, it permits counties to allow higher amounts. Lake County simply goes by the state standard. But Mendocino County allows up to 25 plants, and Sonoma County allows up to 99 plants a year. In addition, while Proposition 215 refers to "caretakers" for medical marijuana patients, it's unclear who a caretaker is and what one can do. Lake County Sheriff Rod Mitchell doesn't think a caretaker can simply be someone who grows pot for another. But other counties accept that interpretation of the law. "It's a poorly written law," Mitchell said. Even with the most liberal of interpretations, however, Lepp's garden would have been unlikely to pass muster. To be within the state's or Lake County's legal limits, Lepp would need to have had more than 2,500 patients, said Lake County Chief Deputy Pat McMahon. Although Lepp was arrested in 1997 for just 164 plants and police confiscated his plants two years ago, Senti said she and Lepp believed they would be left alone this year. Lepp was acquitted of the 1997 charges and was never charged in the 2002 case, she noted. The crop wasn't dramatically increased to challenge the law, it was increased with the number of patients, Senti said. - --- MAP posted-by: Richard Lake