Illustration by Daniel Kramer
FEDS FEAR COLD HARD STEELE
Joshua Steinberg, Contributor
Maybe some federal judges smoke pot. I mean we know that they can have a partiality to strippers and cocaine, so why not Judge Cormac J. Carney who is presiding over the Steele Smith case? I mean an officer of the federal court system would have to be fucking high to allow a medical marijuana defense in federal court. Because if he did that, as many people believe, the argument whether the state has the right to have medical marijuana laws or whether or not the government has the right to negate them, will be brought up in this case. I know I’m looking forward to the upcoming Steele Smith trial, assuming the government doesn’t do the obvious chicken-shit move of delaying the trial for the 17th time. This trial scares them and Smith’s case is the reason why.
If you’re not familiar with the Steele Smith case, let me bring you up to speed. This is California. It has medical marijuana laws and requires a very strict series of qualifications before one can open a clinic, which include having non-profit status and a caregiver’s license. Steele Smith, a guy with a rare, incurable, and excruciatingly painful disease called Zollinger-Ellison, did every single thing the state required to open a clinic. A medical marijuana patient himself, he was praised by police in Fullerton as having the perfect, law-abiding dispensary.
In 2004, the DEA got involved, charged Smith, and threw him in prison for 10 months before he made bail. Now, Smith won’t take a plea deal. He wants to take it to trial. I don’t blame him. It’s easy to see why he’d be a little sore, not counting his painful disorder.
So what’s the issue? Smith operated his clinic, nicknamed “C3,” lawfully and within regulation. The DEA respectfully disagreed because marijuana is illegal to distribute under federal law. Naturally, this issue goes beyond sticky clinic bud. Our U.S. Constitution is not entirely specific about prohibiting any medicine or consumer products and the Tenth Amendment allows states to address issues that the Constitution forgot. And our state has addressed that issue by making green groceries legal for citizens to access for medical use.
This trial has been rescheduled 17 times over three years. I have a feeling there is still strategic planning in the political theater of federal law enforcement as to how to handle this one issue in California that will very much be noticed by the remaining 49 states.
Near the end of 2007, Judge Carney granted a motion filed by Smith’s attorney, Eric B. Shevin, to allow a “mistake of law” defense on Smith’s behalf. That means that he can prove he had no intent to distribute marijuana illegally if he established that he acted in utter compliance with state laws.
And he very much did act under state law as a medical marijuana patient and clinic operator. This means the federal courts are going to hear a contradiction of federal law and compliance with state law. And from there, well, a whole lot of constitutional jargon. Honestly, with all this delay, the federal government may have to acknowledge that they have no right keep California away from its best bud: marijuana. No matter how it is being used.
When the trial starts though, I hope I can make it to the courtroom where the Smith trial begins in Santa Ana this January. If you’re there too, you can find me in row 4, seat 20.
