MERCED POT GROWER CONVICTED

Jury Takes Just Two Hours to Return Verdict; Medical Marijuana Defense Fails.

A federal jury took only two hours Wednesday to convict Merced
marijuana activist Dustin Costa of growing and dealing the drug, a
conviction that could send him to prison for the rest of his life.

Costa, 60, was also convicted of possession of a firearm "in
furtherance of a drug-trafficking crime."

Because of a prior marijuana cultivation conviction in Stanislaus
County, Costa faces a 10-year mandatory minimum sentence. The firearm
charge carries an additional five-year mandatory minimum, making 15
years the least amount of time Costa will spend in prison.

The maximum term is life.

Costa, also known as the Rev. D.C. Greenhouse, originally faced state
charges that stemmed from a February 2004 bust at his home.

The federal case against Costa -- who was also president of the
Merced Patients Group, a medical marijuana advocacy group --
repackaged those marijuana cultivation charges.

The trial was closely watched by medical marijuana activists because
of claims that Costa used the drug for medicinal purposes.

Activists said this was the first trial in the nation in three years
involving claims of medical marijuana, and the first since a key U.S.
Supreme Court decision on the issue last year opened the way for a
federal government crackdown on marijuana use in California.

But the debate over medical marijuana -- which is legal under
California law but illegal under federal law -- never materialized
because U.S. District Judge Anthony W. Ishii prevented Costa's
attorney from using that defense.

"Marijuana is illegal under federal law," said Assistant U.S.
Attorney Mark Cullers, who is chief of the Criminal Division in the
federal court's Fresno Division. "We approached this case like we
would approach any illegal narcotics case. We prosecuted it pursuant
to the law."

But defense attorney Robert Rainwater said the 908 marijuana plants
that Costa had at his rural Merced County home were for personal use
- -- to treat a medical condition after a recommendation from a doctor.

The jury didn't buy it, which pleased prosecutor Karen Escobar.

"I'm gratified that the jury followed the law," she said. "Justice was served."

Escobar portrayed Costa as a drug dealer who took steps to hide his
operation but who showed signs typical of marijuana cultivation.

She presented evidence of proceeds she said were derived from drug
trafficking. Also, Costa's propane bill was $600 a month, and when
Pacific Gas & Electric queried him about his abnormally high electric
usage, he said he had kilns.

Rainwater focused his defense on the charge that Costa was a drug
trafficker. He said the government never offered compelling testimony
on that charge.

"He's a man who went to his doctor and got a recommendation for
marijuana," Rainwater told jurors in his closing argument.

"He tried to live in the country where he could grow his marijuana in
peace, but the federal government wouldn't let him."

Chris Conrad, an author and consultant who has legal experience
working with marijuana in Europe, testified on Costa's behalf, saying
the number of plants at his house was consistent with personal use.

He noted that if Costa did more than smoke marijuana, such as eating
it, making it usable in tea or coffee or vaporizing it, that would
require more plants.

Under cross-examination, Conrad said he had last smoked marijuana the
day before he testified and smoked the drug with Costa at Costa's
home during an event known as "Weedstock."

Escobar said Conrad's yield estimates on Costa's crop were different
from those he calculated while testifying in another case.