Posted January 31, 2005
Analysis by Richard Cowan Sponsored by Advanced Nutrients
(MarijuanaNews note: As Dale Gieringer of California NORML notes, it is ironic that this attempted theft is taking place even as Bush is calling for an ‘ownership society’ based on freedom and liberty.

It may be even more outrageous that the Iraqis have just had an opportunity to vote, at a vast cost in American lives and treasure, while Americans get this proof that democracy means so little to Bush.)
See
We Live In Interesting Times. The Elections and the Cannabis Reform Movement. The Problems With Making Democracy Work Against Prohibitionist Propaganda.
and

The Crisis in Democracy, Prohibitionism And The Police Fiasco. Why Will It Work In Iraq, If It Does Not Work In DEAland?

From California NORML Release
January 31, 2005

San Andreas, CA.
In a flagrant violation of California’s medical marijuana law, the federal government has filed to forfeit the home of a Calaveras county patient for cultivation.
See
We Have Already Won A Lot From The Supreme Court Case, Which Is Good Because That Is Probably All That We Are Going To Get. DEA Changes The Rules on Treating Pain.

Wesley Crosiar, 52, received a federal forfeiture notice after sheriffs’ deputies discovered 134 plants on his land off HawverValley Rd.
See
Ethical Failure Of Cannabis Prohibition. Tragedy And Farce. Using the Patients To Protect Prohibition. Analysis by Richard Cowan

Crosiar says he was growing for himself and a half dozen other personal acquaintances, and that he checked with the DA beforehand to be sure he was within legal SB 420 limits. “I wanted to make sure what I was doing was legal,” he says.

Crosiar has no assets except for his home and five acres of land, which he acquired through his father’s inheritance. He built the house himself and his been living there with his wife and four sons. Crosiar has no criminal record, but he has been involved in a dispute with county authorities over alleged building code violations.
See
The Rule of Lawlessness: Police Brazenness In The Kubby Case.
The Fourth And Fifth Amendments, Or Forfeiture and Thievery. The Choice Is Ours.
and
Forfeiture as Enterprise By Kay Lee

This is the first known case in which the government has sought to forfeit the home of such a small-scale medical marijuana grower.

“I’m 52. It’s taken my whole life and the inheritance of my father to get what I have, and now they want to take it away,” says Crosiar.

Observers suspect that the suit was initiated at the behest of the Calaveras sheriff’s department, which has been notoriously hostile to Prop. 215.
See
California Constitution Specifically Prohibits State Officials From Using Federal Laws As An Excuse For Not Enforcing State Laws Like Prop 215 Without A Court Ruling.Great Orange County Register Editorial.

California NORML denounced the case as an outrageous instance of drug enforcement abuse. “To forfeit a family’s home for medical marijuana makes a mockery of President Bush’s call for an ‘ownership society’ based on freedom and liberty,” says California NORML coordinator Dale Gieringer. ” There’s no way that a garden this size should be a federal case. This is a shameful attack on Prop. 215.”

Dale Gieringer California NORML
(415) 563-5858 // canorml@igc.org
2215-R Market St. #278
San Francisco CA 94114

(MarijuanaNews note: This outrage may serve to reignite the debate on so-called “civil forfeiture.”
See
Even The Prohibitionist Wall Street Journal Recognizes:
“The Dangerous Expansion of Forfeiture Laws”
and
House Passes Forfeiture Restrictions By Overwhelming Margin –
The Oddest Bedfellows, Even for Washington, But Opposed By Administration – 2 Articles.

After vehement opposition from the U.S. Justice Department and police organizations, a feeble reform bill was passed in April, 2000. U.S. civil liberties lawyers say it’s too watered-down to help much.
For more on forfeiture, see www.fear.org )

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