14 months after Monte Levine and Marc Derenzy were first arrested for growing their own medical marijuana, (see The Lifevine, Feb. .02) their struggle for legal protection continues, but their situation remains bleak. Following a devestating raid by local police, criminal charges were eventually dismissed under Washington.s Medical Use of Marijuana Act. Frustrated law enforcment agents then turned the case over to federal authorities who raided the Levine/Derenzy home a second time, confiscating another 40 immature marijuana plants along with a number of items tagged as .evidence.. Several months later, criminal charges have yet to be filed in federal court, but more recent threats loom ominous. The federal District Attorney.s office has indicated that the case will remain open and federal prosecution of that personal-use medical marijuana garden will resume should Levine and Derenzy become involved in another marijuana arrest. In effect, the will of Washington State Voters has been undermined in this poignant example of heavy-handed tyranny by the United States government.

MEDICAL MARIJUANA CASE DISMISSED

THE LIFEVINE, February, 2002

Bremerton, WA.On July 9th, 2001, Monte Levine, a Bremerton-Kitsap County Health Department Outreach Worker and member of the Kitsap County Substance Abuse Advisory Board, was arrested along with his partner, Marc Derenzy. At the time, Levine and Derenzy notified arresting officers of the WA state law protecting medical marijuana patients, and they pointed out legal medical marijuana recommendations posted conspicuously. Police were undeterred. They ransacked the house, seizing computers and other electronic devices unrelated to the medical garden. Derenzy was handcuffed and held for over an hour in the back of a squad car with windows closed in the worst heat of July.

The .co-operative grow. consisted of two lights, 38 mid-size flowering plants and 60 undeveloped plants. The garden was tended by 3 medical marijuana patients, all legally qualified under RCW 69.51A. Nonetheless, Levine and Derenzy were offered a typical criminal plea bargain.1 month in jail, 2 months community service, 3 years probation, forfeiture of their belongings, and a $5,000 fine. When the offer was rejected, prosecutors added a 24 month school bus enhancement.

Attorneys for the defense were hired at an expense of $10,000. Witnesses were deposed and pretrial motions were filed; there was every indication that Kitsap would be the first County to test the limits of WA state law.

6 months after the bust, less than one week before trial, Peninsula Prosecutors finally grasped reality when Seattle-area reporters began calling for more information on the controversial case.all criminal charges were dismissed immediately. No explanation was given.

The criminal charges have been dismissed, but Levine.s struggle is far from over. Forced to accept an unpaid administrative leave, he may never be allowed to return to work due to what has been called .a conflict of interest.. Along with a 6 month loss of income, almost $10,000 in legal fees, and huge loss of the co-operative.s life-sustaining medicine, Levine and Derenzy may also find it necessary to sue local authorities for return of their property.