from CA Norml:
Nevada Co Sheriff Sicks DEA on 5-Patient Medical Marijuana Garden
Arraignment in Federal Court, Sacramento Oct 25th, 2 PM (Judge Carleton).
Nevada County, CA: In one of the pettiest federal medical marijuana prosecutions to date, Michael Lombardo, 49. is facing criminal and forfeiture charges for a modest 5-patient home garden in Smartville, CA. Lombardo's home was raided by an armed DEA task force on Sept 13, 2007. Lombardo told them that he was growing for five Prop 215 patients, but was told that this didn't matter because it was a federal raid. The DEA was called in by Nevada County Sheriff Keith Royal in an evident attempt to circumvent state law, which allows cultivation by
medical cannabis collectives.
Lombardo says that he had 65 plants in the ground plus 20 more unrooted clones; however, he has been charged with growing over 100 plants. In addition, the federal government has moved to forfeit Lombardo's home, where he has lived for 7 years (state law does not allow forfeiture for home marijuana cultivation). In the past, many patients have been acquitted in state court for growing over 100 plants under Prop 215. However, under federal law, cultivation of over 100 plants is punishable by a 5-year mandatory minimum.
Lombardo is a union electrician and has never had prior trouble with the law. He believes that his garden was spotted by helicopters.
Califorenia NORML denounced the Nevada County Sheriff for subverting state law. " The sheriff's salary is being paid for by the people of California and he should enforce state laws, "said Cal NORML coordinator Dale GIeringer, "It's an outrageous misuse of law enforcement resources to be prosecuting patients for growing medical marijuana for themselves." The federal government has prosecuted scores of medical marijuana patients in California since passage of Prop. 215, at a cost to the taxpayers of millions of dollars.
For a current list of federal cases, see canorml.org
Lombardo says that a DEA agent told him to forget about trying to plead innocent because no one would turn up to support him in federal court. Supporters are invited to attend his arraignment in federal court in Sacramento on Oct 25th at 2 PM before Judge Carleton.
Michael Lombardo can be contacted directly at (530)432-6738.
- Dale Gieringer, California NORML |
