20 and 22 years in Prison for operating a medical marijuana dispensary.

[Ichingcarpenter]

FRESNO -- A Modesto man was sentenced in this afternoon to more than two decades in prison for operating a medical marijuana dispensary.

Luke Scarmazzo, 28, was sentenced to 262 months in prison -- 21 years, 10 months -- in U.S. District Court in Fresno. His co-defendant, Ricardo Ruiz Montes, 28, was sentenced to 20 years in prison.

Both were convicted in May of manufacturing marijuana and distributing the drug, as well as operating a continuing criminal enterprise. The two men operated a medical marijuana dispensary known as the California Healthcare Collective that was raided by law enforcement officials in September 2006.
http://www.modbee.com/local/story/508362.html

FRESNO -- An aspiring hip-hop artist and his business partner in a lucrative Modesto medical-marijuana operation were given lengthy prison terms Friday for violating federal drug laws.

Luke Scarmazzo was sentenced by U.S. District Judge Oliver W. Wanger to 21 years and eight months in prison, and Ricardo Ruiz Montes was given 20 years.

But as long as the sentences were for the two 28-year-old men, they could have been longer if Wanger had acceded to the wishes of federal prosecutors, who wanted 30 years for Scarmazzo and more than 24 years for Montes.


To federal authorities, it was simple. Though California voters legalized the medical use of marijuana in 1996 under Proposition 215, federal law trumps state law and federal law views the drug -- even when used for medical purposes -- as illegal.

After the May 15 jury verdict, U.S. Attorney McGregor Scott said both men "were operating as drug dealers, plain and simple."

But Friday, Scarmazzo cast himself and Montes as crusaders who went to trial rather than cut a plea deal with authorities because they are fighting for the rights of medical-marijuana users.

Referring to himself and Montes as "political prisoners," he read a long statement to Wanger that touched on the nation's separation of powers and mandatory minimum sentences. He said both men have been on a hunger strike at the Fresno County Jail to protest their prison sentences and the "injustice of (their) confinement."

In an interview after the hearing, Scarmazzo's mother, June, said: "Luke is not a criminal. He is a political prisoner."
Modesto attorney Robert Forkner, who represented Montes, also expressed frustration in an interview.
"This is a sad day for all California voters and citizens who approved Proposition 215 by an overwhelming majority," he said. "Mr. Scarmazzo and Mr. Montes do not deserve 20 years in prison for operating a legally licensed business."

http://www.modbee.com/local/story/508362.html

[phusion]

1. this is just wrong...

:(

[drm604]

2. This is so very very wrong.

This is a travesty.

[MindPilot]

3. Yet real criminals wander freely about the halls of government

Absolutley fucking sickening.

[groovedaddy]

4. The Feds really need to back off on this. n.t

[slackmaster]

13. You should be very concerned about Obama's pick for Attorney General

Eric Holder is very harsh on marijuana.

[amdezurik]

43. not simply harsh, but stupidly believes the myths

[groovedaddy]

60. Weighing the costs: Is the "War on Drugs" worth it? Hell no, unless

your part of the "prison industrial complex," or crooked cop,judge or a dealer who hasn't been caught or offed by the competition.
This "war" has failed miserably. Drug use is as high as it ever has been. Local and State governments are reeling from the cost of trying, jailing and probating people for their drug use.
It's nothing short of insanity.
Addiction and drug abuse are mental health issues and should be treated as such - NOT AS CRIMINAL ACTS!
But I forgot: healthcare is a privelege and not a right!

[duhneece]

73. Exactly! nt

[Bluenorthwest]

61. Holder is an idiot on marijuana, a total idiot

When he speaks, it is laughable. He is unqualified for that post. His views on marijuana are so backward and ignorant that I really can not see him as worthy of a government post. He is stupid, to put it directly, just stupid, and stupid people in power are never any good.
Obama promised to stop the Federal opppression of medicine providers. Promised. Clearly. Directly. He needs to be a man of his own word, not Holder's insane and outdated Nixonian views.

[asjr]

5. And this administration walks.

[Poll_Blind]

6. Obama is most definitely against these sorts of raids and prosecutions.

  You can Google a number of interviews by various people and organizations where he says he would stop this. Interestingly, if he did put a halt to this sort of bullshit it would be a sea-change in American drug policy and change the face of "The War on Drugs". I, for one, cannot wait.

  Although I sometimes do not like what states come up with, I'm probably what you'd call a supporter of States' Rights. It allows America to have both a national and per-state character which I think is very useful to its citizens. Striking that balance can be difficult but I don't think a move to let states decriminalize marijuana for medical use would cause any problems- only help things.

PB

[Fumesucker]

57. I quit listening to what politicans say a long time ago..

Actions speak far more loudly than words..

http://www.capitolweekly.net/article.php?_adctlid=v|jq2q43wvsl855o|xkc3tkjy6qtv5t&issueId=xkc1sme5m8ltbo&xid=xkc3m9ey4mxv0m

Obama will reportedly appoint two men who have been fierce critics of medical marijuana: Eric Holder, rumored to be Obama’s pick for attorney general, and Donald Vereen as transitional co-chair of the Office of National Drug Control Policy (ONDCP).

(...)

Vereen appears to have taken even stronger anti-medical marijuana positions. He served as the deputy director of ONDCP from 1998 to 2001. In the April, 1999 issues of Psychiatric News, the Journal of the American Psychiatric Association, he called doctors who prescribed marijuana “irresponsible” and advocated arresting medical marijuana patients.


He has also frequently gone on record essentially claiming that marijuana can’t be thought of as a treatment because it’s usually smoked and because dosages are difficult to control.

[Swamp Rat]

7. Obama should give marijuana users and growers amnesty, and apologize on behalf of the government.

Then declare the 'drug war' over.

[Poll_Blind]

10. I dunno about that- I'm more than happy to see the War on Meth continue.

  I live in the Northwest and I'm beyond tired of seeing what Meth does to people, families and communities. I have never known any drug to do to people what Meth does and I want to see that shit stamped out like smallpox.

PB

[Swamp Rat]

15. Well, I was talking about Marijuana.

Anyway, how does a government win a 'war on drugs'?

[Poll_Blind]

39. In the case of Marijuana- it doesn't. But in the case of Meth...

...there were only just 9 factories in the world which produced ephedrine and pseudo-ephedrine. By going to those factories, the U.S. government was able to help the companies identify various drug cartels which purchased enormous quantities of the ingredients and over the course of just a year or two, cut the ability for drug cartels to purchase ephedrine and pseudo-ephedrine and make math dramatically.

PB

[reggie the dog]

51. the only way to win would be to kill off all drug users

there is no other way to win the drug war

[XOKCowboy]

19. It's like Sam Kinison said..

"They can have all of the heroin, cocaine, speed. JUST GIVE US OUR POT!"

Seriously the criminalization of marijuana and it's users must stop! It's a plant not a chemical or a "drug". Millions of people have criminal records because they (like almost half of the population) smoked a little weed.

What's a little ironic about your statement is that all of the meth heads I've met HATE pot. It's the antithesis of their drug of choice.

[Dragonbreathp9d]

36. ya but pretty much all the war on meth has done

is make it a bitch to get some sudafed when youre sick

[XOKCowboy]

37. That's our gubmint's WOD for ya...

The little people suffer while the money people just get richer. Oh and the pols get to say that they're "tough on drugs".

[Poll_Blind]

40. Maybe to you. But in places like Oregon, where I live, it has made...

...a dramatic slash in the quality of meth available on the streets, which is directly proportional to the number of users who become addicted. Have you ever gotten a come-on from a meth junkie who doesn't look like she's 25 yet but with three or four open sores on her face, offering to suck your dick for $10 while she's bouncing her little kid on her hip? I have, and maybe you can imagine what that's like but it's something I'm willing to give up the easy acquisition of Sudafed for. If you don't know what Meth does to people, you should check out Frontline: The Meth Epidemic. I'm against the War on Drugs, which is mostly just an apparatus for keeping private, corporate prisons well-stocked- but helping to stamp out some drugs is not entirely without merit.

PB

[reggie the dog]

54. so alcoholic women are ok but meth addicted women are not?

PEOPLE GET THEMSELVES ADDICTED! I got addicted to tobacco because I TOOK UP SMOKING. Were meth legal it would be cheaper, MORE PURE, less hard on the bodies of users (toxic impurities taken out), and dealers and producers would pay taxes.

[reggie the dog]

53. meth is too cheap and can be home made

cocaine on the other hand must be imported and is expensive. Who gets a cut of the cocaine trade??

[reggie the dog]

52. meth does nothing to people

people hurt themselves, their families and their communities. People choose to do meth, the drug does not force itself on anyone. Meth is just one of many drugs people can CHOOSE to use. Meth addicts are no worse for the world than alcoholics. They and the people making and selling their drug of choice should have the same legal right that people have to use, brew and sell alcohol.

[Bluenorthwest]

62. Well then, you should devoutly wish

that law enforcement spent time and energy combating meth instead of State approved medicinal growers. Every minute they spend on busting glaucoma medicine is a minute they did not fight meth at all. I live in the NW as well. We have a shortage of manpower, and facilities where I live. Priorities are important.

[High Plains]

68. All of the problems you mention with meth are occuring under prohibition.

How's that working for you?

Funny, what you say about meth is what people said about crack and before that, about heroin. And after that about Oxycontin.

Not saying that meth use can't have deleterious consequences--it certainly can--but that prohibition doesn't seem to make things any better. Perhaps if we had social services and jobs and treatment on demand...

Also, America is a country that loves stimulants. We're gobbling down billions of amphetamine-type stimulant tablets (Adderall, Ritalin, etc) every year, the convenience stores are stuffed with energy drinks, Starbucks is everywhere.

[ihavenobias]

8. This idiocy is why we have more people behind bars than any other country on earth

Amazing considering we only have around 300 million people. Actually, maybe pathetic is the word, not amazing.

So much of this nonsense goes back to our increasingly privatized prison system and the profit motive and pressures that result.

[Fumesucker]

9. A poster on another thread here in GD

Said he would be happy to "shoot drug dealers himself".

These guys got off lightly compared to what that poster wanted for them.

[Poll_Blind]

11. Eh, anyone can come onto DU and pretend to be anyone and say anything.

People are weird like that. :shrug:

PB

[Fumesucker]

14. A second poster has now agreed with them

There are a lot of DUers who seem to really like the drug war.

[Poll_Blind]

41. I see your point but realize that's two out of 5-10k users who actively post here.

PB

[reggie the dog]

55. yeah well they can fuck off

I will smoke weed and grow it until they fucking kill me.

[Le Taz Hot]

12. Well, doing a video

in which he says, "Fuck the feds" probably wasn't the most brilliant move. I'm not condoning the bust or the sentence, but the feds know where ALL the dispensaries are and they haven't busted the others. The dispensaries around here all keep a low profile and all except one will not allow you inside unless you have your 'script and membership to that particular dispensary. Also, they tend to be WAAAAYYYYY out in the boonies -- we're talking farmland for 20 miles. Currently we're having to travel to Tulare County dispensaries, however, the Fresno County Board of Supervisors approved licensing for Fresno county which means an OK for dispensaries here so 'm guessing we won't be having to travel so far once we have to start using dispensary services again.

[drm604]

16. I wonder if those dispensaries will remain open after this.

I would think that this could have a chilling effect.

[Ichingcarpenter]

18. They shut down all the ones around me.... they will get to you soon enough

The feds are going after all of them with stiff sentences too and
all of them were low profile.

So yes, FUCK THE FEDS ON THIS!

[XOKCowboy]

21. I was wondering how long before they cracked down on the dispensaries

It was so blatantly "in your face" to the Feds no matter how much the locals approved of it. Also with Little Britches on the way out the DEA knows it might not have much more time to pull this bullshit.

This from those hypocritical "States Rights" so-called conservatives who've been running the country. We'll see what our new leaders do about this travesty.

[Le Taz Hot]

25. They've actually opened up 4 more just

in the last few months so I disagree that they're going after "all" of them. There are at least 6 in Tulare County that I know of and at least 2 in Madera County. These are VERY red parts of the state.

The first dispensaries that opened up were high profile because they were the first ones. The feds, of course, found it necessary to make an example of them. I'm not sure what county but yours may have fallen into this category. This guy taunted them and he, too became and example.

Again, I'm not condoning the fed's actions but you've got to be smart about it and TRY and keep a low profile. It's no guarantee, of course, but I'm hoping the new administration MAYBE will have a more sane MM policy.

[Ichingcarpenter]

32. You are uninformed and naive

Federal Medical Marijuana Cases in California

http://www.canorml.org/news/fedmmjcases.html

[Name removed]

38. Deleted message

Message removed by moderator. Click here to review the message board rules.

[High Plains]

69. Wells, the feds are busting only about 5% or 10% of dispensaries.

And actually prosecuting an even smaller number. I hope Obama will honor his pledge and this will be the last hurrah. We shall see.

I think the pot genie is already out of the bottle in California, and there's no putting it back.

[Ichingcarpenter]

17. U.S. Attorney McGregor Scott was appointed by Bush and going private after January

The US Attorney was also interviewed by PBS Frontline on his
part of the Lodi Imams case.

http://www.pbs.org/wgbh/pages/frontline/enemywithin/interviews/scott.html

http://articles.latimes.com/2006/may/01/local/me-lodi1


http://donigreenberg.com/2008/10/31/mcgregor-scott-to-leave-us-attorney-post-for-private-practice/

[Uncle Joe]

20. Meanwhile, white collar criminals screwing people out of millions of dollars

are given slaps on the wrist.

I believe they're not only political prisoners, they're corporate prisoners as well, this is a direct result from the effects of creating a society that worships corporate supremacy over that of the American People.

[NorCalDem]

22. DON'T WORRY EVERYONE!!!

This won't overcrowd the prison population because two rapists or homicidal killers will be paroled to make room for these two. No, that's not sarcastic. I WOULD NOT be surprised to hear that a rapist is parolled in order to free up a cell. This is an absolute perversion of our justice system. 22 years for a crime with no victim, GG the United Fascist States of Amerika!

[ThePowerofWill]

23. It's sad, but thats the price.

I personally had to do 6yrs for being a medical marijuana provider. People have laughed at me for claiming i was a political prisoner. That is how i view it though. It is the reason i became so involved in politics. The truely terrible thing is this does not seem to be coming to an end.

On a happy note, the bastards have not stopped me from growing medicine for the sick nor will they ever. Fuck 'em i'll do another 6yrs!

[Xithras]

24. Scarmazzo was a thug, folks.

He's a thug with a criminal history and a nasty violent streak who decided to hide behind this law and reaped millions in profits from cancer patients by selling low quality weed at jacked up prices. I live just outside of Modesto, and have met people who purchased from him, and none were particularly broken up over his arrest. He was generally perceived to be a grade-A punk asshole.

I support LEGAL pot dispensaries for medical reasons, and I even support full marijuana legalization. I don't support Scarmazzo. He's getting the fate he asked for.

[HiFructosePronSyrup]

26. What makes you say that?

[Xithras]

33. Experience

One of the problems with teh interwebs is that information tends to be spun by whoever is writing it. In this particular case, the CHC had a very bad reputation among local medical marijuana users long before the feds got involved for selling low quality garage pot for astronomical prices. There was even an allegation of threats and intimidation by the CHC guys against another person who wanted to open a second dispensary in the city. They were making money by the bucketful and weren't happy when someone else tried to move into their "turf" with the threat of higher quality goods and lower prices.

Some people were upset when he was shut down because he was the only legal dispensary in the area, but they were upset that the access to legal pot was cut off. Very few people cared about the CHC guys themselves because they'd been so confrontational to the community and took a "take it or get the f**k out" attitude with their customers.

Most of what is out on the web now on these guys, painting them sympathetically, was written after their arrest as an attempt to generate community support for their cases. They omit the fact that the city did initially permit them to open up the dispensary and allowed them to operate without interference for quite some time. They were only shut down after the complaints started piling up and their childish behavior began angering people in the city...like driving around in giant Hummers with pot leaves in the windows, or gratuitously flashing guns all over the place.

You can agree with the dispensary all you want, but the people who ran it were no angels and aren't missed. One telling fact in this whole case should be that ALL of the support for these people came from OUTSIDE of the local area.

[HiFructosePronSyrup]

35. So... innuendo.

OK.

[Le Taz Hot]

27. Interesting insight.

I love local reports.

[Ichingcarpenter]

28. But 22 and 20 years? I had a meth freak that torched our condos and

got 5 years probation after he was already on probation for meth use.

[Xithras]

34. I'll agree with that. The sentence is as harsh as the weed he sold

Nobody should get 20+ years for selling drugs. They deserved to be shut down, and their behavior even warranted some jail time, but no more than a year or two.

[Uncle Joe]

31. Injustice for one is injustice for all, even if the person is unsavory. n/t

[Beaverhausen]

29. fucking ridiculous

[Fuzz]

30. So stupid, stupid, stupid, stupid, stupid, stupid, stupid, stupid, stupid

Fuck.

[Disturbed]

42. Pres. Obama needs to Pardon these men.

:argh:

[rucky]

44. No chance of a Bush Pardon, here.

He would've been better off stealing millions.

[Joe Chi Minh]

45. Can you believe the wickedness of such a legislature and judiciary?

[Cleita]

46. Where's Gov. Musclehead when you need him?

He should pardon them. He used to be a pothead. To not do so is very hypocritical of him.

[salguine]

47. They could probably have murdered somebody and gotten a 3-year sentence.

[SammyWinstonJack]

48. Just wrong!

:argh:

[wildbilln864]

49. I'll never get it!

I'll never understand how they can say medical marijuana is illegal and prosecute people for manufacturing it and possessing it when the federal government itself has it manufactured and distributes it to 7 U. S. citizens annually.
It's ridiculous! They say it has zero medical value yet distribute it as medicine. :crazy:

[Froward69]

50. Hopefully Obama will

pardon them. along with all the other nonviolent Mary-jane offences. then imagine the money saved from prisons.

[Romulox]

56. Well, at least Obama didn't appoint a Drug Warrior AG who would prosecute. Oh wait...

The truth of the matter is that marijuana is a significant problem for the city....Crack cocaine still drives most of the violence in this city, but marijuana violence is increasing. We need to nip it in the bud.
-Eric Holder

:wtf:

[Joe Fields]

58. We simply cannot allow this to happen.

A travesty of justice? What justice? The state of California passes laws that the federal government can simply ignore? I know I won't rest until these two people are completely exonerated. They are assets to ouyr society. They are compassionate, caring people who have done no harm and have only helped others in need. They damned sure aren't criminals. We must let the government know of our anger over this, and not let up until they are freed.

God damn our government!

[Marrah_G]

59. I hope Obama puts an end to this type of bs prosecutions.

We are wasting resources and manpower.

[Bluenorthwest]

65. He promised he would

but he has appointed an anti-marijuana dogmatist to be AG. Eric Holder wants to increase sentances for marijuana, and opposes medical marijuana.

[Marrah_G]

66. Well- here is to hoping that Obama insists on another way.

[20score]

63. Those men should never have been charged! U.S. Attorney McGregor Scott should be in prison.

He's a sociopath. Him snd U.S. District Judge Oliver W. Wanger.

[jayfish]

64. California Should Kick Out All Federal Law Enforcement Officials...

until such a time as they can agree to abide by State laws. Forty-two fucking years?????? :mad:

Jay

[OneBlueSky]

67. they "were operating as drug dealers, plain and simple" . . .

wrong, wrong, wrong! . . . marijuana is not a "drug" per se . . . it is a natural substance, more of an herb than a drug . . . about the worst you can say about it is that it's a mild euphoric . . . sentencing someeone to over 20 years for selling marijuana is absurd, and about as close to "cruel and unusual" punishment as you can get . . .

I still don't understand why the federal government has this hard on against pot . . . alcohol is far more dangerous, and it's legal everywhere . . . this country needs a drastic overhaul of its marijuana laws ASAP to prevent this kind of gross injustice . . .

I think it should be mandated that anyone who votes to criminalize pot has to smoke some first -- or at least eat some brownies . . . because for the most part, they don't know what the hell they're talking about . . .

[GreenPartyVoter]

70. So very wrong

[progressoid]

71. So much for State's rights.

Not to mention individual rights.

[slay]

72. Guess the CIA didn't like them cutting in on their drug running business (links)

http://www.pbs.org/newshour/forum/october96/crack_contra_11-1.html

http://rationalrevolution.net/war/cia_drug_connection_under_reagan.htm

http://polidics.com/cia/clinton-bush-cia-and-the-war-on-the-bill-of-rights.html

***END THE WAR ON POT SMOKERS NOW!!!!!***