Medical Marijuana Advocate Convicted for Free Speech

Oakland Cannabis Buyers Cooperative executive director Jeff Jones, one of the California medical marijuana movement's most respected figures, was sentenced Thursday to 90 days behind bars for distributing leaflets outside a courthouse.

Jones was arrested outside Sacramento's federal courthouse last June 24, the day jurors were being selected to try Bryan Epis. Jones and other activists were handing out leaflets outlining Epis' side of the story: his belief that California's 1996 medical marijuana law - Proposition 215 - protected his position as a city medical marijuana cultivator, even though federal law bans marijuana.

The whole panel of potential jurors was dismissed when U.S. District Judge Frank Damrell found that some of them had received the leaflets and shared strong views about California?s right to maintain medical marijuana programs.

Arguing that it was not necessary to dismiss the jury pool, Jones? attorney angered U.S. Magistrate Judge Peter A. Nowinski of Sacramento who then ignored a report recommending probation. Instead Nowinski ordered Jones into federal custody for influencing a juror by writing, and fined him $3,924.93 in restitution. As in the case of Brian Epis discussion of medical marijuana was banned.

"I plan on commencing a hunger strike as soon as I'm taken into custody," Jones said later Thursday. "This is political - this has nothing to do with the rule of law."

Jones will start serving his time Monday. It is unclear whether Jones can surrender himself in Oakland or if he must do so in Sacramento. Steph Sherer, director of the medical marijuana group Americans for Safe Access, said activists will stage a protest either way.