In the spirit of drug policy reform awareness, we would like to highlight the case of Bryan Epis and Eddy Lepp, two men who are currently serving sentences in Federal prison for separate marijuana grows in California.

Bryan Epis was the first medical marijuana provider to be prosecuted and convicted for growing marijuana for patients. His problems began in 1997 when Epis was arrested for having at least 100 plants growing in his Chico home which he said provided medicine for him and four other patients. Any excess medicine they produced, they sold to a medical cannabis buyers club.

Based on business plans to expand his garden, prosecutors aluded he was only in it for the money and in July 2002, a Sacramento jury found him guilty of growing over 100 plants and conspiracy to grow a 1,000 more. Because he was unable to even mention the term “medical marijuana”, he was sentenced the extremely harsh, 10 year mandatory minimum sentence in federal prison.

In 2004, after serving two years in prison, Mr. Epis won a 9th circuit ruling that he be released pending the results of the landmark Raich vs. Gonzales case. Unfortunately for Epis, the US Supreme Court ruled that federal drug laws trump State medical marijuana laws. Although, re-sentenced to 10 years in 2007, he was free on $500,000 bail pending an appeal in the 9th circuit. When they decided against him and the US Supreme Court declined to review that ruling, he was returned to prison in February 2010.

Last year, the US Justice Department made it department policy not to persecute medical marijuana providers in compliance with state law. But that has yet to stop the prosecutions of medical marijuana providers arrested before then or move to provide relief for those imprisoned after being convicted under Clinton and Bush-era policies.

If nothing happens to change things, Bryan Epis won’t be free again until 2017.

Use this link to sign the petition which will be presented to Attorney General Eric Houlder and urge him to dismiss Bryan Epis’ federal case because he was following state law. Bryan had urged supporters of marijuana law reform to write to his judge and explain how marijuana as medicine has affected your life. Judge Damrell needs convincing marijuana is a legitimate medicine. You can find the address here.

In May 2008, Eddy Lepp, marijuana grower, spiritualist and activist was sentenced the mandatory 10 year minimum sentence for growing over 20,000 marijuana plants off of Highway 20 in Upper Lake County, California. Lepp contended his plants were a medical marijuana grow and intended for members of his Multi-Denominational Ministry of Cannabis and Rastafari and legal under California law. However, during his trial Mr. Lepp was not allowed introduce medical or religious uses, as under federal law. He was found guilty of possession of marijuana plants and conspiracy to distribute marijuana which carries a maximum life sentence.

The judge for his case conceded the sentence was “extreme” but added, her hands were tied by federal law. And so, in July 2009 Eddy Lepp handed himself over to federal authorities and began his 10 year sentence. You can find an address to write to Judge Patel from his website and ask her to reconsider his sentencing now that is US Justice department policy has relaxed on state medical marijuana laws.

There are many others who are currently serving time in prison because of marijuana convictions in federal court, too many to write about in detail. These people should have been able to introduce the medicinal value of what they were growing in court and should not have been subject to crazy and extreme mandatory minimum sentencing. These convictions are a senseless waste of resources and human life and must be stopped. Clearly these people are no threat to society and we should not be wasting tax payer money to keep them incarcerated.

For more information and for some plain old common sense, visit DrugWarFacts and Common Sense for Drug Policy and follow this link to sign a petition forwarded to Attorney General Eric Houlder, to release all people pending federal court or appeals involving medical marijuana in California.