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Indybay Feature

Six more arraigned in DEA raid on Oakland medical marijuana edible producers

by Kris Hermes (kris [at] safeaccessnow.org)
Six defendants appeared in U.S. District Court in Oakland today, arraigned on charges stemming from DEA raids on March 16, 2006, at multiple medical marijuana edible facilities located in Oakland and Emeryville, CA.
Oakland (3/31/06) - Six defendants appeared in U.S. District Court in Oakland today, arraigned on charges stemming from DEA raids on March 16, 2006, at multiple grow locations in Oakland and Emeryville, CA. The cultivation, which the feds allege at over 10,000 plants, was being used to produce medical marijuana edibles, under the organizational name, "Beyond Bomb." Edibles produced by this organization are available at many California medical marijuana dispensaries. These six defendants, still incarcerated, are part of a larger group of twelve defendants currently charged with the same alleged crimes.

All six defendants pleaded not guilty today to conspiracy to manufacture and distribute more than 1,000 plants (from the period May 2005 to March 2006), as well as possession and manufacturing with intent to distribute (for the 3/16/06 interdiction). The presiding judge, Wayne Brazil, informed the defendants that they faced a mandatory minimum sentence (if found guilty) of 10 years with the possibility of life in prison. Brazil also raised the possibility of fines as high as $4 million. The case is being transfered to Judge D. Lowell Jensen, and a status hearing is scheduled in his courtroom for 9am on April 21, 2006. The Assistant U.S. Attorney prosecuting the case will be Dana Wagner.

To give the government time to respond to a request for discovery, the defendants waived their right to a speedy trial (within 70 days of arraignment) only up until their April 21 court appearance. The government indicated that for as many as five of the six defendants still incarcerated, if they were released on bail pending trial, U.S. Citizenship and Immigration Services (aka INS) would seek custody of them (most likely for the purpose of deportation). None of these five defendants have had a detention hearing to determine their eligibility for release on bail.

The sixth defendant, Kenneth Dean Affolter, who is accused by the government of leading the operation, did have a detention hearing today, in addition to his arraignment, but was ultimately denied bail. Brazil stated his "lack of confidence," due to insufficient collateral or sureties as the reason for not releasing Affolter. Brazil did suggest that he would release Affolter if he were able to produce a surety that would cover the $100,000 bail that was previously set.

As the head count rises in the federal government's war against medical marijuana, the government continues to deny its blatant attacks on patients and providers. This case is yet another example of the lives the government is about to ruin, simply to make some (im)moral point. Please see the following ASA web page for a list of those still facing prosecution or appealing their conviction: <http://www.safeaccessnow.org/article.php?list=type&type=184>.
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