Judge Damrell has postponed Bryan Epis' sentencing hearing to November 28.  (It was previously scheduled for August 1.) The postponement was the result of efforts to get a little more time to brief the complex legal issues in the case. 

We've received a lot of good letters of support from your supporters. Thanks so much for spreading the word!  And keep those cards and letters coming in!

******

Bryan Epis is a medical marijuana patient who in 2002 was sentenced to ten years in federal prison for growing medical marijuana. At his trial, Bryan was unable to mention that he was growing for medical purposes, or even to mention the term "medical marijuana." He was released from federal prison on August 9, 2004, pending the result of the Raich v. Ashcroft Supreme Court decision.

Now that the Supreme Court has ruled against Raich, Epis is being re-sentenced by Judge Damrell. United States Prosecutor Samuel Wong has filed his sentencing memorandum, in which he is asking the judge to impose the same 10-year sentence. However, Judge Frank Damrell has the opportunity to impose a lesser sentence, including one of time served where Bryan would not have to return to federal prison. Since his release, Bryan has started a successful business in the hotel industry, is a taxpaying and contributing member of society. Bryan is also the primary caretaker of his young daughter who needs her father at home, not sitting in a federal prison cell. Clearly, Bryan Epis is no threat to society and we should not be wasting taxpayer money keeping him incarcerated.

Bryan has requested that marijuana law reform supporters write the judge letters on his behalf. If people don't come out in support of Bryan the judge will probably cite that fact as evidence that Bryan was just a typical commercial pot grower. Those who have conditions for which medical cannabis is an effective treatment (or their caregivers) should talk about their conditions and explain how medical cannabis helps. Bryan and his attorneys feel that this judge does not believe that there is a legitimate medical use for cannabis, and we need to convince him. First hand stories from people whose relatives have died a painful death from cancer, etc., and who found relief from cannabis would be especially valuable.

Would you please help Bryan Epis by writing a letter to Judge Damrell asking him to impose the minimum sentence in this case so that Bryan can continue to support his family? Letters should be addressed to:

The Honorable Frank C. Damrell, Jr.
U.S. District Court
501 I Street, Suite 4-200
Sacramento, CA 95814

Please write on the envelope and at the top of the letter: "Re: Sentencing of Bryan Epis, #97-381."

Please remember to be respectful and courteous in your letters, as any lettesr that come across as hostile or mean spirited will hurt Bryan rather than help.

We sincerely appreciate your help on this important matter.

Regards,

Allen St. Pierre
Executive Director
NORML

The US Supreme Court ruled in the US v. Oakland Cannabis Buyers Coop case that state law does not supercede federal law but federal law does not overturn state law, either. Rather than allow the will of the voters to take effect in California, however, the Bush administration has aggressively pursued patients and caregivers throughout the state. Epis was the first case to work its way through the federal courts. In order to increase the severity of the penalty, Ashcroft's office chose not only to charge Epis with the plants he was actually growing, but also with "conspiracy" to grow more than 1000 plants, which carries the same penalty as actually growing 1000 plants! The federal judge instructed the jury to disregard state law and vote to convict despite it, which they did. Epis was sentenced to 10 years for trying to help sick and dying people live with comfort and dignity, in accordance with the democratic will of the voters.

This is painfully cynical because Bush calls himself "compassionate" while the California law was entitled the "Compassionate Use Act of 1996" and the federal program that dispenses medical marijuana is called the "Compassionate Investigational New Drugs" program -- and during his campaign for president, Bush said the States should decide about medical marijuana. It makes sense for Bush to issue a presidential pardon for Mr. Epis as a gesture toward keeping his word.

next>