MARIJUANA GROWER COULD FACE LIFE IN PRISON

Lake County man says farm's 32,500 plants intended for medicinal use and
legal under state law.

A Lake County man accused of growing more than 32,500 pot plants in plain
view of Highway 20 travelers could face life in prison if convicted of
federal charges filed against him Thursday.

Charles "Eddy" Lepp, 52, was arraigned Thursday in U.S. District Court in
San Francisco on charges of marijuana cultivation, conspiracy to cultivate
marijuana and maintaining drug-involved premises, according to Assistant
U.S. Attorney Dave Hall.

The plants, purportedly intended for medical use, were confiscated and
destroyed Wednesday during a federal raid on the garden, about a mile east
of Upper Lake. State and local law enforcement assisted with the raid.

The charges against Lepp carry a minimum of 10 years in prison and a
maximum of life, said U.S. Drug Enforcement Administration spokesman
Richard Meyer.

Lepp was unavailable for comment Thursday, but his wife speculated that her
husband would not be intimidated by the threat of a stiff prison sentence.

"I know he's not going to quit fighting, because we're not hurting people,
we're helping people," said Linda Senti.

Lepp was released after posting a bond for his $200,000 bail, Meyer said.

Senti said it's true Lepp was cultivating marijuana and intended to
distribute it, but she argued that the activities were legal under
California's voter-approved Proposition 215, which made medical marijuana
legal.

"I think it's a state's rights issue," she said.

Senti also contended that the marijuana didn't really belong to Lepp, but
to the patients who are members of his cooperative garden. The plants are
grown to order, she said.

Meyer said whether that distinction is important will have to be decided in
court.

"People can be very creative," he said. "They'll have a chance to explain
their scheme to a jury."

He estimated the street value of the marijuana at more than $80 million. He
made no distinction between the value of the pot as a street drug and its
value for medicinal use.

Justin Watt, who identified himself as a volunteer worker on the 20-acre
marijuana farm, said patients typically make a donation of $2,500 to Lepp's
nonprofit "ministry," Eddy's Medicinal Gardens. But they don't have to,
Watt said.

"If they don't want to donate, that's their business. A lot of patients get
it for free," he said.

Watt was arrested and released on state felony cultivation charges during
Wednesday's raid, as were 11 others at the farm.

Lepp's case underscores the ongoing conflict between state and federal drug
laws.

While Proposition 215 legalized the use of medical marijuana in the state,
growing pot continues to be illegal under federal law.

Despite some recent federal court cases that appeared to yield to medical
marijuana advocates, growing marijuana anywhere in the country is still
illegal, Meyer said.

Even in California, the issue is not clear.

While state law allows for a person to grow up to 12 immature plants for
personal use with a medical prescription, it permits counties to allow
higher amounts.

Lake County simply goes by the state standard. But Mendocino County allows
up to 25 plants, and Sonoma County allows up to 99 plants a year.

In addition, while Proposition 215 refers to "caretakers" for medical
marijuana patients, it's unclear who a caretaker is and what one can do.

Lake County Sheriff Rod Mitchell doesn't think a caretaker can simply be
someone who grows pot for another. But other counties accept that
interpretation of the law.

"It's a poorly written law," Mitchell said.

Even with the most liberal of interpretations, however, Lepp's garden would
have been unlikely to pass muster.

To be within the state's or Lake County's legal limits, Lepp would need to
have had more than 2,500 patients, said Lake County Chief Deputy Pat McMahon.

Although Lepp was arrested in 1997 for just 164 plants and police
confiscated his plants two years ago, Senti said she and Lepp believed they
would be left alone this year. Lepp was acquitted of the 1997 charges and
was never charged in the 2002 case, she noted.

The crop wasn't dramatically increased to challenge the law, it was
increased with the number of patients, Senti said.