The first to allow a medical defense based on state law
A medical marijuana patient and his wife face 10 years in federal prison in a fight to uphold the Tenth Amendment of the United States Constitution and the stateâ€™s rights that allow safe, legal access to medical marijuana.
The story of a patient diagnosed with a rare disease who is embroiled in a fight for his life and the rights of medical marijuana patients nationwide.
The following is a timeline of events that led to Orange County residents Steele and Theresa Smith’s battle with the federal government over medical marijuana:
Summer 2001: Steele Smith â€“ husband, entrepreneur and owner of an Orange County marketing company for 14 years â€“ suddenly doubles over with excruciating pain and finds himself in an emergency room. Itâ€™s his first of several such visits over the next four months. Each time, emergency room doctors canâ€™t figure out whatâ€™s wrong, so they prescribe him pain meds. Steele loses 40 pounds. Finally, a rare-diseases doctor orders an invasive scope that finds 11 ulcers in Steeleâ€™s duodenum â€“ between the stomach and upper intestines. The disease is called Zollinger-Ellison (Z-E). Itâ€™s so rare that the doctor, who has been practicing for over 50 years, shakes Mr. Smith’s hand and says heâ€™s the doctorâ€™s first patient to ever have the condition. Steele is prescribed high levels of the newest and strongest acid-reducer known as Protonix. Due to the gut-wrenching pain, the doctor further prescribes high doses of morphine and sends him to a ‘pain’ doctor for a follow-up morphine regimen.
Mid-2004: Steele and his wife, Theresa, begin to realize that Steele has become terribly addicted to morphine. Following research on the internet and many phone calls, the couple decides to rapid detox Steele, a procedure that nearly kills him. He spends several days in the ICU while most patients walk out of the hospital after a day or two â€“ not in ICU. As it turns out, he isnâ€™t completely detoxed due to the high levels of opiates he had been ingesting â€“ the rapid detox failed to work. Over the next year and a half, the couple tries over and over to detox Steele on their own, but it doesnâ€™t work. The Smiths search the internet and discover a new detoxification drug known as Suboxone. With the help of a certified physician, Steele begins to use Suboxone and, over several weeks of this specialized drug therapy, becomes drug free. Steele is still experiencing pain and nausea, and cannot function completely â€“ nor can he eat. About this time, the couple begins to gather information about Proposition 215, Senate Bill 420, and Health & Safety Code 11362.5 â€“ the stateâ€™s medical marijuana program. Steele is given a medical cannabis recommendation and obtains his medicine from one of the many L.A. dispensaries. This was a second miracle drug for Steele. Medical marijuana took away his pain and nausea, enabling him to eat and become healthy again.
No dispensaries exist in Orange County at this time, so over the next few months and several visits to L.A. dispensaries, Steele and Theresa decide to open a small collective to assist patients â€“ California Compassionate Caregivers (C3). They open their home to local medical cannabis patients and begin to grow cannabis for safe access. The next few months pass in a whirlwind over the next few months as OC patients seeking safe access find C3 â€“ the patient base reaches over 1,000 by 2006. Along the same timeline, officers with the Placentia Police Department pay a visit to Steele and Theresa’s apartment and seize 18 plants, patient records, 4 pounds of medical marijuana, a small amount of concentrate, and $1,000 in cash â€“ no charges are filed at that time. On several occasions, Steele tries to contact the Placentia officers that seized C3’s property; however, they refused to return anything to him. He then consults an attorney and the two decide to file a lawsuit against the City of Placentia to return to him all that was confiscated. It seems that the City of Placentia is unhappy with the lawsuit filed and elevates the case to a federal level. This causes Mr. Smith to lose standing in civil court.
Nov. 1, 2007: At approximately 6 a.m., federal agents raid the Smithâ€™s two homes using paramilitary-style tactics â€“ several officers wearing masks and dressed from head to toe in black break down the front door and hold the couple (who were asleep in their bed) at gunpoint. A fire extinguisher is sprayed at their two dogs â€“ one dog dies four days later. The officers then begin to destroy the home while they look for guns, drugs, or anything else that could incriminate the Smiths. The coupleâ€™s home is completely ransacked with the front door broken down and left wide open for any and all of the public to take furniture and belongings at will. At the same time, police go to C3’s medical dispensary, which is located a few miles away, and proceed to confiscate 2 pounds of medical marijuana and a small amount of concentrate; again, leaving this door open to the public to take anything left.
Steele, Theresa and two other defendants from the second grow house (Alex Valentine, a 21-year-old patient with Elephant-man’s syndrome and 30 surgeries by his 20th birthday; and Dennis La Londe, a friend of a friend and homeless man that was given a bed only three weeks prior) would be incarcerated and spend most of the next year in the Metropolitan Detention Center in Los Angeles, a maximum security, level-five federal prison. The four defendants were charged with conspiracy to manufacture or grow medical marijuana and are facing 10 years each in a federal penitentiary for said “crime.” Theresa is released after 60 days on a $200,000 bond â€“ her dying mother’s home and two signatures â€“ while all three of the other defendants languished in federal prison for nearly a year. After 10 months, Steele is finally released back to his wife with an electronic ankle bracelet attached to him for the next year. All four defendants currently report to federal pretrial service officers regularly until trial.
April 2010: The Honorable Cormac J. Carney, who presides over this case, rules that the medical marijuana issue will be heard as testimony â€“ the first time in a federal court in U.S. history. The case has been continued over a dozen times. The current trial date is scheduled for June 28, 2011.
Help us change federal cannabis law:
- Contribute funds; help us pay for our legal defense. Every dollar helps.
Send checks or money orders to:
2166 W. Broadway, #100
Anaheim, CA 92804-2446
- Please join us for a rally at the courthouse. Bring your signs!
June 28, 2011
Ronald Reagan Federal Courthouse
411 West 4th Street
Santa Ana, CA 92705