Federal drug agents seize man's state-allowed medical marijuana

10/24/02

MATT SABO, The Oregonian

The daylight basement in Leroy Stubblefield's Sweet Home area house seems an unlikely battlefield for America's war on drugs.


Stubblefield, a 52-year-old quadriplegic, and two of his caregivers were growing 12 marijuana plants in his basement in a state-licensed operation until Sept. 23, when a federal drug agent seized them in a drug raid. No one was arrested.

It is thought to be the first time in Oregon that federal authorities have overstepped state law -- which allows cultivation of marijuana for personal medicinal purposes under a $150 annual license -- and raided a marijuana growing operation.

Kevin Neely, spokesman for the Oregon attorney general's office, said the seizure raises an unfortunate conflict between state and federal law.

Neely said the U.S. Department of Justice has traditionally not taken an interest in these small grow operations but ultimately they do have jurisdiction and are within the scope of the law to bust Oregon medical marijuana patients.

"They can't be prosecuted under Oregon law," Neely said, "but they could be prosecuted under federal law."

In 1998, Oregon voters approved the Oregon Medical Marijuana Act, and about 3,600 people have a medical card to grow marijuana in the state. Voters in California, Arizona, Alaska, Colorado, Maine, Nevada and Washington approved similar ballot initiatives, and the Legislature in Hawaii passed a law allowing the use of medical marijuana.

The federal government, however, does not recognize the use of marijuana for medicinal purposes and still classifies it as a drug.

Stubblefield was home with two of his caregivers, Steve Russell, 46, and Clarence VanDehay, 48, when members of a local drug enforcement team showed up at his front door shortly after noon. They said they had received a tip he was growing 100 marijuana plants and asked to see them.

Stubblefield, who was in bed, consented. Stubblefield, Russell and VanDehay all have licenses to grow marijuana. The state allows license holders to grow three mature plants and four immature plants.

After checking out the marijuana plants, Linn County Sheriff's Lt. Will McAnulty said, local law officers concluded that the operation was in compliance with state law.

But a Drug Enforcement Administration agent accompanying the local officers said he was going to seize the plants under federal law.

Ken Magee, an assistant special agent in charge of Oregon's DEA operations, said it's a violation of federal law to possess, manufacture or cultivate marijuana. He said it's not a new policy that federal agents will seize marijuana plants grown for personal medicinal uses.

"We're not looking at this as a matter of policy, it's a matter of federal law," Magee said. "The U.S. government doesn't recognize marijuana as a medicine. It's a drug. Even our own U.S. Supreme Court has ruled that there's no medicinal value in marijuana."

McAnulty, commander of the Albany-based drug enforcement team that investigated Stubblefield's marijuana growing operation, said the DEA agent who seized the plants just happened to be in the office shortly before detectives drove to Stubblefield's home.

"It's not any effort on our part to circumvent state law," McAnulty said.

A Portland nonprofit organization, The Hemp & Cannabis Foundation, has given Stubblefield replacement plants and free medicinal cannabis. The group also intends to file suit against federal, state and local law enforcement officials, executive director Paul Stanford said.

"It's a clear violation of state and federal law," Stanford said. "They're lying when they say they have a right to do this. (Local authorities) didn't say they had a federal officer with them."

Local and state detectives failed to protect Stubblefield from an unreasonable search and seizure, Stanford said. And the U.S. Constitution said a state's medical practices are not subject to federal oversight, he said.

"I don't see how they could pick out a disabled, quadriplegic war veteran to single out in Oregon to start with (seizing marijuana plants)," Stanford said. "It just seems to be the height of absurdity.

Stubblefield said he remains angry.

"I felt that we had been betrayed," he said. "What do they gain from this?"

Stubblefield is filing a claim on the seized marijuana under his homeowner's insurance. Stanford estimated the value of the plants at $18,000. You can reach Matt Sabo at 541-754-5622 or by e-mail at matt_sabo@hotmail.com