CANNABIS ADVOCATE SENTENCED TO PRISON IN POT-FOR-GUITAR CASE

OROVILLE - A Chico marijuana advocate was sentenced to state prison
after he rejected an offer of probation Wednesday.

The sentencing of Joel Kelly Castle on two pot charges in Butte County
Superior Court had to be briefly postponed after Castle began yelling
about the prosecution's statements about his out-of-court conduct.

Bailiffs escorted the 63-year-old man from the courtroom after Judge
Robert Glusman ordered him to return later.

When the hearing resumed, Glusman admonished the defendant to refrain
from interrupting if he wanted to participate. The judge confirmed
that Castle was rejecting a proposal for three years of probation if
it included prohibitions against the use of medicinal marijuana.

Glusman ultimately sentenced Castle to the lower term for the charges
of possessing pot and selling the drug. The total term was two years,
eight months in state prison although Castle has credit for serving
706 days, or about 70 percent of the sentence.

Castle's outburst came during the initial arguments about the prison
term.

Deputy district attorney Jeff Greeson noted Castle had no prior
record, but had used the classifieds website craigslist to offer to
trade two ounces of pot for a guitar. Police arrested Castle on Jan.
15, 2010 after he traded the pot to an undercover officer in Chico. A
search of Castle's Park Avenue motel room found 5.5 pounds of pot,
packaging material and a loaded pistol.

Greeson also noted Castle had repeatedly violated the terms of his
release from jail. He claimed Castle had smoked pot at Chico city hall.

Castle objected to Greeson's allegations. He said he was in city hall
with pot that authorities had returned to him. As the discussion grew
heated, Castle called Greeson a liar.

"I'm having a problem with this man lying about my good character and
you listening to it," Castle told the judge.

Moments later, Glusman ordered Castle removed from the
room.

Outside of court, Greeson said he had been incorrect about the city
hall incident, but he didn't have a chance to correct himself. He
noted Castle had been arrested three other times for smoking pot in
violation of court orders.

Castle acknowledged his conviction, but he remained adamant about his
innocence saying it was criminal to be denied access to his medicine.

He said he rejected the local conviction, claiming there was prejudice
and that officers had entrapped him. Castle again sought to have the
matter transferred to federal court.

Glusman said he couldn't transfer the case. He said it was up to
federal prosecuting attorneys to decide to press charges.

Castle also reiterated his claims he received inadequate counsel from
defense attorney Larry Willis, who was appointed by the court.
Throughout the case, Castle attempted to fire Willis.

In discussing factors that may mitigate Castle's actions, Willis said,
"The mitigation is that, if he wasn't so damned stubborn, he wouldn't
be going to jail at all."

Through Willis, Castle has filed a notice to appeal the case to the
state 3rd District Court of Appeal.