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Indybay Feature

Report from 9/25 Fundraiser for Eddy Lepp

by Mahtin (themahtin [at] hotmail.com)
Report from fundraiser for Eddy Lepp's legal defense.
Some friends and I drove out to Eddy's Medicinal Gardens in Upper Lake, California today to attend and cover the fundraiser event for Eddy Lepp's legal defense. (see further below for background)

The fundraiser today was a family affair, in spite of the presence of several layers of event security. At the front gate, new arrivals were asked to show their invitations. After parking their cars and either walking uphill or being escorted in a golf cart, they were asked if they had a doctor's recommendation for use of medicinal marijuana. If they did, they were given a wristband. (That way, people would know with whom they could share their medicine.)

There was food everywhere- from pasta to meat on the grill, from coffee to pink lemonade. People could purchase tickets that were redeemable for food. Several events were planned during the course of the day, including acockroach race(!). Souvenirs such as t-shirts and legal documents were plentiful, and a sign proclaimed "have your photo taken with Eddy for a $25 donation." Children and adults mingled indoors and outside. I saw two houses on the property; the party took place in one of them. There was a food serving area, a large room where speakers and performances were located, and a deck that overlooks the garden and has a breathtaking view down the hillside to where the gardens across the street had been. The band Los Marijuanos played. The event was something of a "medical marijuana who's-who," with luminaries of local and national repute- from NORML to High Times, to Eddy's lawyers-- people from all over California, as well as Las Vegas and Washington State.

There was a question and answer session with a panel that included Jack Herer (http://www.jackherer.com/), Eddy Lepp, marijuana growers, and legal experts. Audience members asked about details of the legal case, and told their own stories about medical marijuana and repression by law enforcement. Jack Herer extolled the virtues of hemp.

Background:

Eddy's Medicinal Gardens is a marijuana farm in Lake County, California. One thing that makes EMG unusual is that it provides a service that could be called "plant hosting." People who can't grow their own medical marijuana at their homes can bring their seeds or plants to EMG. For a fee which covers water, upkeep, and security, EMG will take care of the plants. If plants from EMG go to a dispensary, a tax is added, and the tax goes back to the county. EMG is considered to be a "teaching garden," and the people who work there take pride in providing a "secured environment for the patients."

On August 18th, 2004, DEA agents raided the marijuana gardens on the property and across the street from the home. They rounded up everyone on the property and detained them for nearly a day. They held Eddy separately, for two days. Meanwhile, the agents got to work: uprooting all but one plant on the properties. They piled the plants into trucks, without covering the plants. It took between two and three days for the DEA to clear the land of marijuana plants (well, one was hiding in a remote corner of the property).

Almost as soon as the trucks left heading in two separate directions for two dump locations, plants began to fall out of the back of the vehicles. There were near-accidents as drivers, passengers, and pedestrians ran into the street to collect the fallen plants. When the trucks left their loads at the dumps, noone guarded the plants, and of course people took the plants home.

Significance of the case:

-Eddy and his loved ones have pointed out that the DEA's disregard for the ultimate fate of the plants seems to indicate that the agents did not feel that the plants posed any danger. If this is the case, why did they rip over 32,000 plants out of the ground?

-This was the largest raid ever for the DEA, with, according to its estimates, up to $130 million worth of plants seized. Why did this story not appear immediately in the mainstream media? Eddy Lepp and his supporters want to know.

-Why did local law enforcement have nothing to do with the raid? They did not stop it, and they did not assist. Why did they show up at the property on September 25th, of all days?

Eddy and his supporters believe that this case can be won on the basis of states' rights. California has a law protecting medicinal use of marijuana. The federal government does not. Eddy Lepp and his team believe that the federal government had no right to come onto his land, had no jurisdiction over his land (he pointed out that he and the bank hold the title to the land), and will have a hard time prosecuting Eddy Lepp.

An arraignment hearing was held on September 8th at the SF Federal Building. The next hearing will be on October 4th. Eddy and his supporters are hopeful that a combination of public pressure, persistent lawyers, and being on the right side of the law will help them to win. Eddy will seek an injunction that would allow EMG to begin growing medicinal marijuana on a large scale again. He says, "Once this is through, you'll all be able to do this yourself." Eddy can scarcely imagine what it would be like to spend two life sentences plus ten years in prison, just for growing medicinal marijuana.

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