The Arraignment of Eddy Lepp

Lepp Arrested for Allegedly Selling To Undercover DEA Officer

By Ann Harrison

Eddy Lepp and Daniel Barnes were arraigned today in Federal District
Court in San Francisco. The two were arrested at Lepp's home in Lake
County on February 16. Appearing before U.S. Magistrate Maria Elena
James, Lepp and Barnes were charged with distribution of marijuana,
conspiracy to distribute marijuana and maintaining a premise for the
purpose of cultivating marijuana.

According to the criminal complaint, an undercover DEA Task Force
Officer met with Lepp on January 19, 2005 and negotiated the purchase of
one pound of dried and processed marijuana. The undercover officer was
wearing a concealed transmitting device which was monitored and recorded
by other DEA agents observing the meeting.

A statement released today by the DEA alleges that Lepp told the
undercover officer that he "possessed a strain of cannabis that would
make White Widow pale in comparison." The criminal complaint states that
Lepp agreed to sell "the one pound of high THC marijuana" for $2,500.
Barnes, allegedly acted as a go-between delivering the one pound of
marijuana to the undercover officer and taking receipt of the $2,500.

"At no point during the negotiations was the subject of 'medical'
marijuana raised by either party," reads the DEA statement.

During the arrest of Lepp and Barnes, search warrants were served at
Lepp's properties at 9176 Upper Lake Lucerne Road and 941 and 975 East
State Highway 20. At the first location, the DEA said they seized
approximately 6,300 marijuana plants - including approximately 1,600
unrooted clone plants - 10 pounds of processed marijuana, 16 pounds of
partially processed marijuana, and a small amount of hashish. While DEA
agents were searching the Lepp home, the DEA claims that Lepp received
telephone calls from at least one person who wanted to purchase "a
couple dozen" clones from Lepp.

This is the third time Lepp has been raided by the DEA. In 2001, the DEA
assisted by Lake County Sherrif's Department, destroyed 40 acres of
Lepp's cannabis, some of which was viewable from Highway 20. The DEA
estimated that the plants were worth $80 million. Lepp believes that the
federal government does not have the authority to enforce federal law
inside any of the sovereign states and filed a lawsuit demanding the
immediate closure of the DEA as an illegal organization. No charges were
filed against him in the case.

In August 2004, the DEA paid another visit to Lepp's farm carting off
37,000 plants with an estimated value of $120 million dollars. Lepp was
charged with cultivation. Judge Marilyn Patel allowed Lepp to remain
free without bond and travel to the Cannabis Cup in Amsterdam to receive
the Freedom Fighter of the Year award. Lepp's attorney Dennis Roberts
filed motions in the case for return of property and the legitimacy of
raising a medical marijuana defense. Lepp appeared at a motions hearing
on February 7 which concluded his three week hunger strike in protest of
his prosecution.

Lepp's wife Linda Senti said that Judge Patel had ordered the DEA to
return their personal non-exculpatory property seized during the raid in
August 2004. On the very day that Lepp was arraigned in federal court,
Senti said Lepp was due to meet the DEA inside the building to negotiate
the handover.

Senti said that Mary Otte, an assistant to Jack Herer, and documentary
filmmaker Jason Dunlap were also arrested during the early morning raid
on Lepp's house. She said that Dunlap and Otte were later released, but
the DEA seized all of Dunlap's footage of his planned documentary on
Lepp. Both Senti and Barnes' pregnant girlfriend Naomi Young were
present at the arraignment.

During the arraignment, the prosecutor said that Lepp would be charged
with an ongoing conspiracy stretching from his prior charges in August
to the most recent charges. The two are scheduled for a detention
hearing on February 23 and remain in custody.

"The agents told me that they would take me down no matter how many
raids it took," said Lepp who continues to reject the idea that the
federal government can override California's medical marijuana laws.
"They don't have jurisdiction at all, if they have a problem with the
state of California, they should take it up with the state of California
not me," said Lepp as federal marshals led him away in handcuffs.

Lepp was represented at his arraignment by his attorney Dennis Roberts
who said that scheduling problems prevented him from defending Lepp on
the new charges. Roberts said Lepp would be represented on these charges
by the Federal Defenders Office. According to Roberts, he will continue
to represent Lepp on the prior charges and serve as co-counsel with the
federal defender if the cases are joined in an superseding indictment as
expected.