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SAN FRANCISCO (Map, News) - Amid a shower of tossed daisies, a flurry of hugs and lots of tears, a 60-year-old woman who was investigated by San Francisco police for growing medical marijuana in 2002 turned herself in to federal marshals this week.
Stephanie Landa must begin serving her 41-month federal prison sentence while waiting for her latest appeal to make its way through the courts, a federal judge ruled in December. In 2002, Landa pleaded guilty to federal marijuana cultivation charges. Evidence, including the actual marijuana, collected during the San Francisco police investigation was used in her federal prosecution.
On July 18, 2002, police officers raided the warehouse space Landa and two co-defendants were renting at 560 Brannan St., just two blocks from police headquarters at the Hall of Justice. They placed Landa in handcuffs and read her Miranda rights, then let her go, but three weeks later, according to her attorney Allison Margolin, she was indicted on federal drug charges.
At the time of Landa’s arrest, San Francisco had recently declared itself a symbolic “sanctuary” for medical marijuana users, growers and distributers. Proposition 215, passed by state voters in 1996, permits the growing and using of medical marijuana with a doctor’s prescription.
Most recently, in November, the San Francisco Board of Supervisors passed a resolution making marijuana violations the lowest priority for law enforcement. But marijuana possession, cultivation and sales remain federal crimes.
Before Landa’s arrest, she said, she and other medical marijuana activists met with San Francisco police officers with the narcotics division, who advised them on the law, and suggested they set up shop near the Hall of Justice to lower the risk of burglaries.
“They said as long as you stay in The City, within the city limits, hire licensed electricians, you can grow medical marijuana,” Landa said Wednesday.
But Capt. Tim Hettrich, who heads the narcotics division, said Wednesday that the officers never gave specific advice to individuals and “definitely” didn’t instruct them on where to set up shop.
“We are not going to advise people to break the law,” Hettrich said. “At the time, Prop. 215 was in effect. [The officers] went out and spoke to many groups on the effect of the law on citizens for medicinal marijuana.”
On Thursday, as Landa hugged her 20-year-old son Max Landa before heading into the federal building, Police Commissioner David Campos called for a review of police resources spent on the enforcement of marijuana laws.
“It makes no sense to me that we would expend those resources enforcing marijuana laws,” he said. “The idea that a 60-year-old woman could spend 41 months in prison makes no sense to me.”
Supervisor Tom Ammiano, who introduced the latest marijuana legislation, said, “I’m supportive of this woman. I think there’s a lot of arbitrary morality in this decision. If anybody’s a victim, I think she is.”
But Capt. Hettrich defended the department’s handling of the case. He said a citizen complaint instigated the surveillance and subsequent raid of the warehouse.
“We would be remiss in our duty if we did not investigate complaints,” he said.
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Comments from Examiner Readers
1:00 PM MST on Wed., Mar. 12, 2008 re: "Pot-growing woman, 60, reports to prison"
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10:36 AM MST on Wed., Mar. 12, 2008
re: "Tax relief proposed for pot clubs"
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8:51 AM MST on Thu., Feb. 21, 2008
re: "Bill to limit medical marijuana in dangerous workplaces fails"
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2:22 PM MST on Thu., Jan. 24, 2008
re: "Calif. court: Bosses can fire workers for using medical marijuana"
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2:15 PM MST on Thu., Jan. 24, 2008
re: "Calif. court: Bosses can fire workers for using medical marijuana"
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5:37 PM MST on Mon., Nov. 5, 2007
re: "Can employers fire medical pot users?"
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4:45 PM MST on Mon., Nov. 5, 2007
re: "Can employers fire medical pot users?"
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12:36 PM MST on Sat., Aug. 18, 2007
re: "N.M. Planning Medical Marijuana Program"
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4:35 AM MST on Thu., Jul. 26, 2007
re: "DEA Raids LA Medical Marijuana Clinics"
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Examiner Reader said:
Regardless if many prescriptions are not legitimate, neither are the majority of opiate derived painkillers taken in the US. What people need to realize is that even if you don't support marijuana, this is our freedom at stake, with the federal government undermining our authority every day. You people who disagree are the same people who so willingly vote your human rights away one piece at a time. The fact of the matter is that pot is safer than alcohol in terms of physical and psychological health, and any doctor with any familiarity with the pharmacokinetics involved in THC will agree. Too bad the media/government mindset soaks into the fickle brains of those who are unable to accurately think for themselves. I feel terribly sorry for this woman.
6 agree | 5 disagree
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Examiner Reader said:
So these drug selling thieves are collecting taxes from their customers and they don't have to pay anyone. They already charge an outrageous amount for the dope they sell make huge profits and now when the state and city needs monies - they don't have to pay? Effing please. Excuse me Feds, what happened to the letters to the landlords? Shouldn't these places all be closed by now?
5 agree | 2 disagree
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Examiner Reader said:
Yea, this is a good idea. Someone stoned on dope while running a backhoe with co-workers in a hole next to the bucket. One wrong move could crush them. Or a cop on medical marijuana with his gun drawn. People high at work is a really good idea.....NOT!!!!
29 agree | 27 disagree
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m.s. jackson said:
an observation: ...tim is not the only person from another incomprehensible dimension (dement-shun?), who reads the Examiner. After all at least 61 were able to understand the psychobabble well enough to agree and another 66 who were able to disagree with the non-statement. There does seem to be a connection in that mess with illegal aliens and medical marijuana. Unless Martians have landed in Humboldt county I don't think the word "aliens" applies. But, like I said, incomprehensible.
68 agree | 95 disagree
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m.s. jackson said:
Testing positive for medicinal marijuana use does not mean the person is high while at work. Considering how many people I have worked with who are obviously high on their antidepressants/psychotics/whatevers (can they get any more manic or wierd?) I would almost prefer a stoner who can be depended upon to have the same, if somewhat slow, personality on a daily basis. And what is more dangerous at work than someone with a major, or even minor, hangover? Hypocrites unite!
63 agree | 68 disagree
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Examiner Reader said:
That is ridiculous the companies would say they could be held liable if a "high" worker is injured, or injuries someone else. Did they READ the actual law? If an employee is "high" while at work, that employee is in direct VIOLATION of the law, thus the EMPLOYEE not EMPLOYER is held liable. The law allows for medical marijuana to be used during NON-work hours and AT HOME, NOT AT WORK. The argument is undeniably flawed, and completely inaccurate. I hope they get called on their complete misinterpretation of the law passed by voters!
168 agree | 148 disagree
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Examiner Reader said:
maybe if so many people, esp. in this town, who lie about their "need" for medical pot and are just smoking it to have a good time wold stop it, then legitimate users would not get screwed. Come on I see those ads in the papers they are night clubs not medical offices and "Doc 420" will give you a script for no reason. Smoke on that, losers.
166 agree | 152 disagree
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Examiner Reader said:
It goes to show how scared the politicos of losing their drug money from the pharmacuetical companies that kill thousands each week while a safe and effective herb is used to get more money for a failed drug war. Rumsfeld profitted mightily from Vioxx and the bird flu vaccines that were never used. Let this drug lord do his time for the death of innocent Americans.
146 agree | 139 disagree
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William Cooke said:
Yet another reason to impeach Bush and to vote for Ron Paul! This is a disgrace!
163 agree | 159 disagree
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