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Rebecca Richman Cohen

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Medical Marijuana Grower Chris Williams Faces 80 Years in Prison

Posted: 11/08/2012 7:46 pm

On September 27th, Chris Williams, co-founder of Montana Cannabis, was found guilty on eight counts of marijuana and related firearms charges, despite his state's medical marijuana law. These charges carry a mandatory minimum sentence of more than 80 years in prison -- and expose the grave human consequences resulting from the existing disparity between federal and state laws pertaining to the medical use of marijuana.

I started filming Chris and his business partners during the last Montana state legislative session, as part of my feature-length documentary Code of the West. They seemed determined to create a model for a responsible medical marijuana caregiving operation, and routinely offered growhouse tours to law enforcement officials, politicians and community leaders, any number of which accepted this invitation.

Chris Williams had reason to believe his risk of federal prosecution was minimal, following the release of a 2009 memo by the Justice Department stating that the federal government should not focus federal resources on medical marijuana growers and patients who complied with their own state laws. But in March 2011, federal agents raided Chris' growhouse during a statewide crackdown across Montana.

In spite of a 2004 voter referendum legalizing medical marijuana in Montana, supported by 62 percent of the voters, states like Montana can't stop the federal government from enforcing its own drug laws. The Controlled Substances Act considers marijuana as a schedule I narcotic (along with heroin), which de-legitimates its medical use.

At his trial, Williams was prevented from invoking his compliance with state law as a defense against the federal charges. As a result, the jury heard a partial, and profoundly distorted version of Chris' story -- and on this basis convicted him on eight counts, which carry a mandatory minimum of more than 80 years in prison.

Chris Williams' story is now the focus of a newly released New York Times Op-Docs video, which functions as a sort of epilogue to Code of the West. It is a both a cautionary tale and a call to action to address these legal inconsistencies.

In the wake of Tuesday's votes to legalize adult use of marijuana in Colorado and Washington and medical marijuana in Massachusetts, there is a great deal of uncertainty about how federal authorities will treat patients, consumers, and growers complying with state marijuana laws.

As people like Chris Williams fall through the widening cracks between state and federal law, it's time we reform federal law to be consistent with the states, lifting cloud of uncertainty that puts law abiding citizens at risk.

 
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On September 27th, Chris Williams, co-founder of Montana Cannabis, was found guilty on eight counts of marijuana and related firearms charges, despite his state's medical marijuana law. These charges ...
On September 27th, Chris Williams, co-founder of Montana Cannabis, was found guilty on eight counts of marijuana and related firearms charges, despite his state's medical marijuana law. These charges ...
 
 
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02:10 AM on 12/03/2012
The states have to realize they have the ability to take back power from the feds. The bill of rights were finally done because of the states. The consitution is a wonderful piece of paper when people actually use it correctly. The feds abuse and the states apparently do not know how to use it.
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MsLizabeth
Flaming liberal, burned out attorney
03:59 PM on 12/08/2012
Please leave constitutional law to the professionals.
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Philip Inuhoff
with both hands..
07:46 PM on 01/05/2013
Obviously you are not a pro, since you seem to have skipped the first amendment.

Did you mean pros like, Louis Michael Seidman?
09:15 PM on 12/08/2012
In order to get our states rights back the 14th amendment needs to be overturned.
05:16 PM on 12/02/2012
The federal government should NOT have power over state laws.
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MsLizabeth
Flaming liberal, burned out attorney
04:00 PM on 12/08/2012
Ridiculous! Try living in Alabama without the federal courts to protect you from the state.
05:10 PM on 01/04/2013
Liz, the Federal government "protect" us from the states? Ever heard of the state militias which should be in place? How about the state constitution? Do you really need a bay sitter/nanny to help you live your life? Please... educate yourself on the rule of law and the constitution.
02:35 PM on 12/02/2012
What a proud day in History it would be for the Montana State Guard to surround the federal prison and demand the release of it's citizen by federal authorities. It would be nice to see states defend their people.
02:28 PM on 12/02/2012
When my brother was dying of stomach cancer the marijuana was the only thing that helped him deal with the pain and nausea. Maybe if some of these lawmakers could experience such misery they would wise up.
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Dinah Kaman
02:12 PM on 12/02/2012
thats bull shit,pedophiles and murderer's dont get that many years...
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Jane Gozenpud
01:46 PM on 12/02/2012
The same thing happened in Oakland with Ed Rosenthal. The jury found him guilty but were shocked that our government had lied and withheld information during the trial. It is a blatant manipulation move to with hold information regarding these cases. After the jury found out the truth, they decided to hold a press conference to convey their disillusion with the case and the govt. In the end, Ed was sentenced to time served and sent on his way. Total nonsense. The judge made it clear that this will not effect further cases, but it did set precedent regardless of what the judge wanted. Not only are we all paying for this with our tax money, but it is non-productive. These laws have to change.
11:55 AM on 12/02/2012
The jury should be educated with regard to jury nullification, he will be home free.
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Jane Gozenpud
01:47 PM on 12/02/2012
There is a law that says you can NOT even talk about Jury nullification near a courtroom. How is that for education!
06:27 PM on 12/02/2012
Sorry you are wrong, it may be a statute or a code but it is definitely not the law. I would do it anyway but that is just me.
06:29 PM on 12/02/2012
And really? He is facing 80 years in jail, what does he have to lose??
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MsLizabeth
Flaming liberal, burned out attorney
04:01 PM on 12/08/2012
Your legal advice is worth every penny I paid for it.
11:24 AM on 12/02/2012
This is actually very Progressive; a powerful government is managing society with a monopoly on the use of violence. The wars and occupations overseas, and the police state at home are bonuses.
09:55 PM on 12/02/2012
...And you can do it all with a nobel peace prize around your neck and no one even seems to get the joke.
01:50 PM on 11/21/2012
This ain't about drugs. This is literally a "smokescreen" to cover up what the chemical and similar industries fear most about legalizing cannabis: Industrial hemp. This variety is the same species but has virtually zero drug content. It produces four times the cellulose, per acre, compared to trees and requires a fraction of the chemistry to make into paper, compared to tree paper. The USA is one of the only countries that does not make a distinction between the drug varieties and the industrial varieties. These uses of cannabis dwarf the drug uses. To make a long story short, legalizing cannabis would make the industrial hemp farmer rich instead of the chemical industry. Because of the investments in this sector, because banking and similar industries essentially own the politicians, cannabis may never be legalized in this country, and outspoken people like Chris Williams will be set up as examples of why not to mess with the feds. Here are a couple references: http://ktbotanicals.wordpress.com/2007/08/24/the-marihuana-tax-act-of-1937-and-the-birth-of-a-synthetic-economy/ http://www.jackherer.com/thebook/
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Steve Chandler
I feel a loss of emptiness
08:15 AM on 11/24/2012
Very well put...F&F.....it is important in the discussion to educate people as to why it was made illegal in the first place, to protect industrialists assets and their markets. If it was so dangerous then why was it in so many pharmaceuticals of the day.

"Marijuana" was the tool to make the hemp illegal here and in many other countries if they wanted to deal with the USA.

Cannabis has high carbon absorption during growth and the products from it reduce further the reliance on ancient carbon. Jack Herer -RIP- did call this the plant that was able to "save the world"
07:14 AM on 12/02/2012
Yeah but for each medical dispensary they raid in california, 5 new ones pop up. So many that counties and cities in California take it upon themselves to limit the amount of dispenaries they allow in city limits. After years of sporadic raids two states have now taken the steps to legalize cannabis for recreational use. The fed is going to have to change their tactics or lose the drug war completely... Once recreational use is made legal within these states and enough time has passed that the recreational business is thriving it will be seen as a model for a lot more states and a clear example of the benefits of recreational legalization. Even if it is only at state level.
I agree with you that Chris Williams is a scare tactic, they probably targeted him because he was in the media and open/friendly with the community. The fed is going to have to try convince the populace that marijuana legalization is ACTUALLY a threat or continue fighting a losing battle until the purpose and efficiency of the federal government itself comes into question
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DragTheDepths
12:46 PM on 11/19/2012
There's a Care2 Action petition going around to save this man. Go to http://www.thepetitionsite.com/takeaction/231/267/645/?z00m=20448978 and sign to keep this man out of prison!
kjp12
PLEASE STOP ALL THE HATRED IN THE WORLD
08:53 PM on 11/18/2012
There is more to this case then we know. Medical Marijuana (MMJ) has been showing up in states that don't have MMJ law's. Maybe during the Fed.'s Investagation of that led them back to these Grower's. Not all the MMJ Grower's got Busted in these raids. Just a thought.
09:31 AM on 11/18/2012
Wow ....how unfair....if an animal kils someone, rapes or molest children and they will get less time than this.
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Jane Gozenpud
01:42 PM on 12/02/2012
80% of our jails are filled with non-violent people. This is no surprise. for example: Rapist hardly even do time...most get deals, charges dropped...Sick and twisted. The safety of the people should come first!
12:26 AM on 11/18/2012
This is a travesty!! Not sure how to help other than to donate or offer my time to a cause that furthers the change at the Federal level... what lobby is that? What lawyer is that? I need info.
09:21 PM on 11/17/2012
We need to stop with the drug war and give 80 year sentences for violent offenders. 3 years for assault but 80 for operating a business with a questionable product. However you feel about marijuana, you cannot think this is fair.
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atallblondgenius
02:48 AM on 11/18/2012
how can it be fair, he was operating with a license that had been issued to him. I would fight this to my grave. This s a horrible injustice and something needs to be done to help this man. They've used him as the horrible example. If at the Federal level this was a crime then the State of Montana should be held responsible for having issued the license leading him to believe that what he was doing was legal. A horrible miscarriage of justice.
05:04 PM on 11/17/2012
Free Chris Williams.