Pot Shop Owner: Obama Entrapped Me

03/18/2010 05:12 am ET | Updated May 25, 2011

[James Dean Stacy] is one of only two collective operators who have been charged in federal court as a result of the raids. He faces one count of conspiracy to manufacture and distribute marijuana, one count of manufacturing marijuana and one count of possession of a firearm while committing the other crimes a handgun was found in the locker where he kept the collective's supply.

The other federal defendant, Joseph Nunes of Green Kross Collective, pleaded guilty to his charges earlier this month. Stacy, however, says he's not giving in to the prosecution.

"I quote my wife: 'I'm not going to let you plead guilty to something you didn't do,'" says Stacy, who uses marijuana to treat pain from martial-arts injuries and to relieve the nausea he's suffered since losing his gall bladder. "They threatened life-imprisonment at both of my bail hearings.... This is nothing but a terrorist attack against the medical-marijuana community."

Instead, Stacy is mounting a novel defense: The statements by Obama and Holder constitute entrapment by estoppel, defined as when an official tells someone that something is legal, then busts them for it. Put plainly, Stacy would not have formed the collective if the government hadn't assured legal collectives that they wouldn't be prosecuted.

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