Unexpected Turnaround as Judge Frees Medical Marijuana Activist

Tues, March 4, 2003: Sentenced last week for jury tampering, Oakland Cannabis Buyers Cooperative executive director Jeff Jones, one of the California medical marijuana movement's most respected figures, was able to go free without imprisonment in a dramatic court reversal.

U.S. Magistrate Judge Peter A. Nowinski had sentenced Jones to begin a 3 month sentence yesterday in a federal prison arising from Jones distributing leaflets to potential jurors hearing a case against fellow activist Bryan Epis last year.

Unexpectedly, Nowinski stopped Jones’ incarceration and ordered all parties involved in the case back to his courtroom. After reporting that he’d given "this matter a great deal of thought over the weekend," the judge vacated the prison sentence, and instead sentenced Jones to probation and ordered him to pay almost $4000 in restitution. The fine covers the cost of jury re-selection after Jones gave members of the first jury pool in the Epis case information that the judge had forbidden.

Jones had wanted the jury to know that the Epis defense was forbidden to discuss medical marijuana or Californian law authorizing the use of the drug for medical purposes. Epis was growing medical marijuana as a city official, but was sentenced to 10 years in prison under federal laws.

In an unfortunate twist, it was also revealed that judge Nowinski and Jones’ attorney received threatening letters, some containing an unidentified powder.