Eddy's Appeal was shot down--

[kmk420kali]

A federal appeals court upheld the conviction and 10-year sentence Wednesday of a medical marijuana advocate who grew 32,000 pot plants for patients and fellow Rastafarians on his land in Lake County.
The federal judge who sent Charles "Eddy" Lepp to prison in 2009 criticized the federal law that required a 10-year term for growing at least 1,000 marijuana plants. But U.S. District Judge Marilyn Hall Patel of San Francisco said she was bound by the law, and the Ninth U.S. Circuit Court of Appeals agreed.
"The statutory minimum sentence is not cruel and unusual punishment," the three-judge panel said.
Federal agents arrested Lepp in 2004 after finding the marijuana plants in gardens near his home in Upper Lake, most of them in view of Highway 20.
He said the plants were for patients who had a right to use marijuana with their doctors' approval under California law. Lepp also said that he was a Rastafarian minister, for whom marijuana is a sacrament, and that he was growing the plants for 2,500 members of his church who were sharecroppers.
Federal law strictly bans marijuana, however, even in states that allow its medical use. The appeals court upheld Patel's refusal to allow Lepp to invoke his religion as a defense to the charges, saying his prosecution served the government's "compelling interest in preventing diversion of sacramental marijuana to non-religious users."
Lepp's lawyer, Michael Hinckley, had argued that the 10-year sentence was grossly disproportionate to the crimes. Hinckley said that he was disappointed by Wednesday's ruling and that "the thought of him spending 10 years in prison, in circumstances like these, is tragic."
E-mail Bob Egelko at [email protected].
This article appeared on page C - 2 of the San Francisco Chronicle

Read more: http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2011/07/27/BATO1KFTSG.DTL#ixzz1TTJvvdV7
​

Eddy essentially got a Life Sentence--
He believes that Cannabis should be 100% Legal, with no limitations-- I don't know if he knowingly Martyred himself, hoping it would further the Cause...or if he simply got excited after 215 and 420, and thought he would win the fight...having State Law on his side--
Either way, this is a blatant example of why Cannabis MUST be legalized...or at least whatever form of Legalization we can get passed!!
Not liking the wording of a Legalization Initiative...or being afraid of what the Feds might do if it passed...or worrying about Monsanto...or being afraid of losing $$...all those are weak arguments, in any context--
If it gets our foot in the door, and puts Legalization of Cannabis on the Law books...we MUST vote for it, and at least get the ball rolling for True Legalization in the future-- This insanity must stop--

 

[Stranger]

If he had just only raped a child.... or killed someone while dui...

He grew plants, and is determined a menace to society.

No judgement happened, none.


Bastards, all of them.

 

[guest86120975]

I visited his farm in 2003

 

[paladin420]

Fuckin judge Knew what she was ruling was Wrong an did It anyway..................self edit.

 

[pearlemae]

Unfortunately for Eddy and the rest of America,it wasn't the Judge that gave him 10 years, (judges have no choice with mandatory minimums) but rather the law that gave him 10 years. ALEC the American Legislative Exchange Council has been around for the past 20 or 30 years if not longer, the purpose of the council is to pair up legislators on both state a Federal levels with corporate business leaders, they sit down together and draft legislation,they do have one or two supposed progressive members.

What this council does is to sit down with state and federal legislators and draw up "model" legislation. The model legislation then ends up at the state level as introduced legislation, see Wisconson,Minnesota, Ohio and all the rest of the states that enacted laws that are so similar they have the same wording.
OK, In order to make a profit as a prison owner, you have to have prisoners, so what does this have to do with Eddy Lepp? Simple the ALEC folks have, with various state legislators, the Correction Corp of America and another one or two private prison companies Gotten mandatory sentences.

This also helps with the slave labor demands these prisons have.
Using prison labor the contractor doesn't have benefits to pay and most can pay pennies on the dollar as an hourly wage, its kind of a joke.
So in a nut shell, thats why Eddy got 10 years, he's needed as part of the overall slave labor system that we Americans have allowed to happen.

Google it the private prison industry is worth Billions. Google ALEC and Corrections Corp of America.
Watch out Florida your Governor is privatizing 18 more prisons in Florida, Expect the conviction rates for bullshit offenses to rise.

 

[headband 707]

NO FUCKING WAY!!!!! what pieces of shit!!! how can they really get away with that !!!seriously they need to get this poor guy out asap ffs!!!!!!!! enough is enough here.. headband707

 

[SS-]

Unfortunately for Eddy and the rest of America,it wasn't the Judge that gave him 10 years, (judges have no choice with mandatory minimums) but rather the law that gave him 10 years. ALEC the American Legislative Exchange Council have for the past 20 or 30 years if not longer, the purpose of the council is to pair up legislators on both state a Federal level with corporate business leaders,they do have one or two supposed progressive members.

What this council does is to sit down with state and federal legislators and draw up "model" legislation. The model legislation then ends up at the state level as introduced legislation, see Wisconson,Minnesota, Ohio and all the rest of the states that enacted laws that are so similar they have the same wording.
OK, In order to make a profit as a prison owner, you have to have prisoners, so what does this have to do with Eddy Lepp? Simple the ALEC folks have, with various state legislators, the Correction Corp of America and another one or two private prison companies Gotten mandatory sentences.

This also helps with the slave labor demands these prisons prison labor the contractor doesn't have benefits to pay and most can pay pennies on the dollar as a hourly wage its kind of a joke.
So in a nut shell thats why Eddy got 10 years he's needed as part of the overall slave labor system that we Americans have allowed to happen.

Google it the private prison industry is worth Billions. Google ALEC and Corrections Corp of America.
Watch out Florida your Governor is privatizing 18 more prisons in Florida, Expect the conviction rates for bullshit offenses to rise.

See, that's what I don't understand. Here in FL, all the time someone is busted with over 24 plants, which is MMS of 3 years. And Usually if you're under 50 plants from what I seen and first offense, you usually get off with probation with a decent lawyer. How do they do this I want to know? Or do judges have more authority on a state level MMS sentence?

 

[paladin420]

Unfortunately for Eddy and the rest of America,it wasn't the Judge that gave him 10 years, (judges have no choice with mandatory minimums) but rather the law that gave him 10 years. ALEC the American Legislative Exchange Council has been around for the past 20 or 30 years if not longer, the purpose of the council is to pair up legislators on both state a Federal levels with corporate business leaders, they sit down together and draft legislation,they do have one or two supposed progressive members.

What this council does is to sit down with state and federal legislators and draw up "model" legislation. The model legislation then ends up at the state level as introduced legislation, see Wisconson,Minnesota, Ohio and all the rest of the states that enacted laws that are so similar they have the same wording.
OK, In order to make a profit as a prison owner, you have to have prisoners, so what does this have to do with Eddy Lepp? Simple the ALEC folks have, with various state legislators, the Correction Corp of America and another one or two private prison companies Gotten mandatory sentences.

This also helps with the slave labor demands these prisons have.
Using prison labor the contractor doesn't have benefits to pay and most can pay pennies on the dollar as an hourly wage, its kind of a joke.
So in a nut shell, thats why Eddy got 10 years, he's needed as part of the overall slave labor system that we Americans have allowed to happen.

Google it the private prison industry is worth Billions. Google ALEC and Corrections Corp of America.
Watch out Florida your Governor is privatizing 18 more prisons in Florida, Expect the conviction rates for bullshit offenses to rise.

The judge is the god in her court room. A person of Honor would not hav handed down this sentence. I would take the Hit as a judge. Wrong is wrong..Period Fuckin Dot

 

[kmk420kali]

See, that's what I don't understand. Here in FL, all the time someone is busted with over 24 plants, which is MMS of 3 years. And Usually if you're under 50 plants from what I seen and first offense, you usually get off with probation with a decent lawyer. How do they do this I want to know? Or do judges have more authority on a state level MMS sentence?

MMS only apply if you take it to Trial and lose-- Plea Bargains before that can be anything agreed on by you and the DA--

 

[supermanlives]

do you really think the feds were gonna let someone grow 32000 plants?if you stick your head out they are gonna chop it off and make an example of you.its not the first time they have messed with big growers. i do wish him luck and dont agree with the feds at all . i believe we need more people willing to die for what they believe in.i watched what they did to steve mcwilliams here in so cal with shelter from the storm in san diego. nice guy and he ended up killing himself. bastards

 

[Dojo]

Who the fuck gave you the power to make up your imaginary laws? Humans have been growing for thousands of years. With all the stars, moons, planets, galaxies, and all inbetween you think your "laws" stops the ebb and flow of the universe? Your nothing we all die... do you think your "laws" will be forever when you turn to dust? You may think you can do the judging of man but who will judge you when your time comes?

 

[greenmatter]

32,000 ..... holy shit! i am not saying they did anything close to fair with this guy but 32,000 ..... holy shit!

not really shocked they chose him make an example of ........... assholes

 

[paladin420]

32,000 ..... holy shit! i am not saying they did anything close to fair with this guy but 32,000 ..... holy shit!

not really shocked they chose him make an example of ........... assholes

No Shit!! Why u will never see a big sign out front of my places...

 

[midgethorse]

32,000 plants
What did you expect to happen.
I wish the best for this guy though. A victim of bullshit on the books.
midg

 

[kmk420kali]

Here are a "couple" more reasons for Legalization--
http://www.canorml.org/fedcasessum.html

 

[greenmatter]

if they ever legalize will they be forced to release all the drug war prisoners? it could be one reason they won't. think about how many vacant cells there would be in the prisons, they would have to fill them with someone, right? that might be a hard one to explain in the next re-election.

 

[Zen Master]

can you have a jury nullify on a charge that has a MMS?

 

[greenmatter]

can you have a jury nullify on a charge that has a MMS?

sure you could, but i would be willing to bet that jury was sifted through before the jury duty letters even went out ...... the feds seem to be able to do that in every major case....... jury of your peers my ass

 

[kmk420kali]

if they ever legalize will they be forced to release all the drug war prisoners? it could be one reason they won't. think about how many vacant cells there would be in the prisons, they would have to fill them with someone, right? that might be a hard one to explain in the next re-election.

There would be no empty cells-- California is under a Federal Injunction to reduce Prison Population (because of overcrowding)--
It will prolly not be a "Pardon" or any other instant or automatic type thing-- If anything, you would most likely have to apply for a Sentence Modification yourself-- That is "If" your only Charge(s) fall within the parameters of what this makes Legal-- But the percentage of ppl in Cali Prisons for Cultivation (of less than 99 plants) or simple Possession (no sales/under 15 lbs), I don't think is substantial--
It would not effect ppl in Federal Prisons--

 

[supermanlives]

they also make quite a bundle just giving you a fine and putting you on probation and drug classes. florida makes extra when they take your car for buying a dimebag. i hate that state other than the keys LOL