Federal Government to “Allow” Whole Truth In Trial in US vs. Smith

Posted: December 13th, 2010 by Militant Libertarian

by The Daily Dose

U.S.A. v. Smith et al is a landmark cannabis case that could change federal medical marijuana law for all 50 states.

This is the first case in which a defendant in the United States has been allowed to raise an affirmative medical marijuana defense in federal court.

Cormac J. Carney is the presiding federal judge in U.S. v Smith. In a courageous and historic ruling he decided that the medical marijuana issues will be heard as testimony. This is the first time this has happened in U.S. history.

This story started in 2001 when Steele Smith — a law abiding business man — became very ill. He landed in an emergency room. Over the next four months it happened several more times. But the doctors could not figure out what was wrong. He was prescribed pain medication, and lost 40 pounds.

Ultimately a rare diseases doctor diagnosed Steele’s disease as Zollinger-Ellison (Z-E). The disease causes painful ulcers, making it difficult for patients to eat and is so rare most doctors have never seen it. The result is extreme pain and nausea. Doctors prescribed him the strongest acid reducing drug available. For the severe pain, the doctor also prescribed high doses of morphine and sent him to a specialist (a pain doctor) who ordered a morphine regimen.

Steele became heavily addicted to morphine. With the support of his wife starting in 2004, he began to try and “kick” his morphine addiction. It almost killed him and he ended up in the intensive care unit (ICU). Over the next year and a half Steele battled his morphine addiction. After painstaking research he found a new drug, Suboxone, and under the care of a doctor over several weeks he was finally able to become completely drug free. However the under lying pain and nausea returned. He was unable to eat or live a normal life.

After more research Steele was given a medical marijuana recommendation. He bought hismarijuana at one of the dispensaries in Los Angeles.

His recovery is nothing short of miraculous with his pain and nausea now controlled using cannabis, Steele was able to eat again and his health returned. There are no dispensaries in Orange countywhere the Smith’s live so they must travel to L.A. to buy cannabis.

Steele and Theresa decide to open a small collective — California Compassionate Caregivers — in their home. After researching the law and proposition 215, they began to grow cannabis for safe access patients. Within a few months they found their patient base growing and by 2006 it reached over 1,000.

This did not escape the attention of the local police department. Officers from the Placentia Police Department came to the Steele home, seizing 18 plants, patient records, 4 pounds of medical marijuana, a small amount of concentrate and cash, but no charges were filed. After unsuccessfully trying to get his property and records returned repeatedly and after seeking legal advice, Steele decided to sue the city of Placentia, again simply seeking the return of his property.

The city of Placentia retaliated and moved the case to a federal level. This quashed Mr. Smith’s standing in the civil court, effectively killing the lawsuit. But that was not the end of it as the Smith’s were about to find out.

On Nov. 1, 2007 in an early morning raid, federal agents stormed the Smith’s two homes using paramilitary style tactics. Officers wearing masks and paramilitary gear broke down the front door and rousted the sleeping couple at gunpoint, holding them at gun point through out the raid. The agents abused the couples dogs by spraying them with a fire extinguisher. One of dogs died four days later.

As is standard procedure during marijuana raids nationwide the officers destroy the home during thesearch that followed. The home — as are most homes raided like this — was totally vandalized.

“In Hawaii county where I have lived for 30 years they conduct their marijuana raids in exactly the same way. Doors and gates are broken down, then left wide open for any and all of the public to take furniture and belongings at will… the police also rob these homes taking anything they want, cooking dinner, and joy ridding vehicles around the neighborhoods as they harass the neighbors searching there homes also even with out search warrants or probable cause.” ~ Thomas

In the Smith’s case the police also went to C3?s medical dispensary. They seized 2 pounds of medical marijuana and a small amount of concentrate. Police left the door wide open, inviting theft and vandals there also.

Steele, Theresa, Alex Valentine, a young patient with Elephant man’s syndrome and over thirty surgeries, and Dennis La Londe, a homeless man recently given shelter, were jailed. All but Theresa spent most of the next year in a maximum security, level-five Federal prison in Los Angeles. They were all charged with conspiracy to manufacture or grow marijuana and are facing ten years in federal prison.

Theresa was released after 2 months but forced to post a $200,000 bond, using her dying mother’s home and two signatures to meet the requirements of the bond. The remaining defendants suffered in federal prison for another 10 months. When Steele was finally released he had to wear an electronic ankle bracelet for another year. All the defendants to this day are still required to report regularly to federal pre-trial services.

While medical marijuana is not technically a legal defense, for the first time in U.S history the defendants will be able to testify to the jury that they were operating under prop 215. That testimony will show they were in complete compliance with California law, and the collective was very professionally run to provide safe access for patients in Orange county. The DEA is (as they always do) portraying these legal patients as ordinary drug dealers. But this time, for the first time, the jury will hear the other side.

In an interesting twist the government has offered a deal for time served to Steele. To his credit and at great risk to himself, he has decided not to take the deal and faces up to ten years in federal prison for that decision. Steele Smith wants to go to trial because he believes the issues are too important and need to be adjudicated. He is in a fight to uphold the Tenth Amendment of the United States Constitution, protecting States’ rights to allow their citizens safe, legal access to medical marijuana. The Smiths are true heroes and deserve our support.


Comments (8)


  1. Joseph Conrd says:

    Like the ‘Borge’ on “Star Trek the next Generation”, the Police in America want citizens to believe “Resistance is Futile”. Well, h 2nd. Amendment – The Right to Bear Arms – would seem to suggest otherwise.

    Americans have to use common sense. When an ordinary stranger breaks into your home, you have every right to shoot to kill. But for some vague, nebulous reason (“They’er cops. They
    “Protect & Serve”). The reality is too many of them are in reality just THUGS WITH GUNS & BADGES. Indeed, many believe “We don’t need no stinking badges.” They bust into and destroy the WRONG HOME, KILL ANIMALS AT WILL, TASER FOLKS TILL HEY DIE AND EVEN STEAL EVIDENCE – form each other in fact.

    Americans need to decide if they want to permit so-called Cops to destroy their property, abuse their family and possibly KILL THEM all ‘In the Line of Duty’. It comes down to this. A BAD DOG WILL BE BAD AS LONG AS YOU PERMIT IT TO BE. Surprisingly, a little bit of DISCIPLINE will go a long way – A HEAVY-DUTY CLASS ACTION SUIT AGAINST POLICE VIOLENT WILL SLOW THEM DOWN A BIT. Clearly, AS BAD DOGS they must be COMPELLED to understand WHO they “Protect &Serve” and how to do so -LEGALLY. Until hy are MADE O BEHAVE, they WON’T BEHAVE’.

  2. Warren says:

    Absurd drug laws, yet another violation of our rights. Add it to the list of gov’t violations of our right:
    They violate the 1st Amendment by placing protesters in cages, banning books like “America Deceived II” and censoring the internet.
    They violate the 2nd Amendment by confiscating guns.
    They violate the 4th and 5th Amendment by molesting airline passengers.
    They violate the entire Constitution by starting undeclared wars for foreign countries.
    Impeach Obama and sweep out the Congress, except Ron Paul.
    (Last link of Banned Book):

  3. Bob says:

    What a ridiculous waste of time and tax payer dollars…. Let the sick people get high. We are all gonna die, why do some people insist on making it more painful for others? Just because they do not have the courage to try some good drugs instead of the crap doctors throw at you? Grow up world, please dear God almighty grow this world up a notch. How did it ever get to this? I have never and will NEVER let anyone tell me what I can or cannot do to MY OWN BODY AND SOUL. That is between me and God and anyone that has a problem with that is mentally ill. You can SUGGEST or Recommend until you are blue in the face but the CHOICE IS MINE. NOT EVERYONE IS THE SAME! MIND YOUR OWN BUSINESS AND BACK YOUR RETARDED LAWS OFF OF MY BODY BEFORE I GET ANGRY WITH YOU AND PUT DOWN THIS JOINT AND DO SOMETHING ABOUT IT. what is worse? who is the bigger criminal? Me for using a plant to TEMPORARILY relieve the CONTINUOUS AGONY that I live in, or you for putting me in a cage IN CONSTANT TORMENT because you do not like the way i deal with my pain? F you and die is what I have to say to the opponents of medical Marijuana. F YOU AND DIE! I will be HAPPY to tell you to your face you brain dead monkey scum bags that think you are God’s gift to society. Go abuse your kids some more and leave the rest of us ALONE. Go pick on someone that has more to lose than we do since we are ALREADY DYING you giant ass pains. How many morbid over zealous petards can inhabit this world oh Lord? And how do they manage to get positions of power WHEN THEY ARE TOO STUPID TO KNOW THAT peoples lives are their own. I AM NOT YOUR PROPERTY!!! You can THINK I am your property all day. Try acting on that belief with me I f ing dare you.

  4. Chris says:

    “In Germany they came first for the Communists, and I didn’t speak up because I wasn’t a Communist. Then they came for the Jews, and I didn’t speak up because I wasn’t a Jew. Then they came for the trade unionists, and I didn’t speak up because I wasn’t a trade unionist. Then they came for the Catholics, and I didn’t speak up because I was a Protestant. Then they came for me, and by that time no one was left to speak up.”

    — by Martin Niemöller, prominent German anti-Nazi theologian and Lutheran pastor, best known as the author of the poem First they came….



  5. Zionist control says:

    Zionsits control the alcohol and drug industry – both legal and illegal.

    It is all about destroying the competition.

  6. heiwa says:

    Numerous writers make false claims about the 10th Amendment. The following letter may help you understand that state legislatures have NO reserved powers. But state citizens, in that capacity, have reserved powers regarding their own state constitution. Thus, you have been acting within your state citizenship and have protection against the state executives. As an American, within that citizenship, the 10th Amendment gives you nothing. It identifies the fact that you have reserved powers as one of We the People of the Preamble. The general government has indeed usurped powers never granted by We the People regarding, among others, the control of drugs. Article One restricts the general government to granted powers, which they frequently ignore. I’m sorry you had to put up with such misbehavior on the part of your public servants.

    “Your Article titled Nullifying UnConstitutional Federal Acts expresses some inferences inconsistent with the Constitution. You state that the “States have rediscovered their powers of nullification rooted in the Tenth Amendment.” Ignoring the proponents for nullification and other schemers who want to overturn the Constitution, let’s look at the plain English language composing the Tenth Article.


    “The powers not delegated {in Article One] to the United States by the Constitution, nor prohibited by it to the States [legislatures], are reserved to the States [state citizens] respectively, or to the people[American citizens].

    The word “States” in Article Ten calls for some clarification. No question, the first use of “States” refers to the individual state legislatures, which Article One identifies with certain prohibited powers (e.g., Article One, Section 10, Clauses 1, 2 and 3 prohibitions). The next use of the word “States” does not, again, refer to the same state legislatures.

    First, we know that no state legislature, in a republic, would ever have a reserved body of powers. All state legislatures have ONLY specific enumerated powers granted by the citizens thereof. Parliament at Westminster has reserved powers, but all persons under their jurisdiction exist as subject with privileges, rather than citizens with rights.

    Second, by legal definition we find that: “STATE: In Governmental Law. A self-sufficient body of persons united together in one community for the defense of their rights . . . In this sense the state means the whole people united into one body politic; and the state and the people of the state, are equivalent expressions.” Emphasis added. John Bouvier, Law Dictionary Adapted to the Constitution and Laws of the United States of America, Vol II, 1870, page 542.

    Thus, In the Tenth Article we find four “elements.” We have the US Constitution, the state legislatures, state citizens, as a minor reservee, and finally the whole American People themselves as the major reservee. Why do we call the American People, the major reservee of un-granted powers? Because We The People, the supreme-will in America, made [validated] the entire 1787 Constitution when we assembled in conventions in our respective states and voted for or against it.

    Some constitutional “thinkers” see the state legislatures and the state citizens as identical factors in Article Ten. But, these elements lack identical legal meaning. The state citizens created their own constitution which in turn created the state’s legislature. So the citizens we know as the creators and the other the created elements.

    Each state government, being a republic, as guaranteed in Constitution Article IV, Section 4, has only some enumerated powers granted by the state citizens. Since no state citizen has an ability to nullify any American general government statute, then the state citizens couldn’t possibly grant such a power to their legislature through the state constitution. One may not grant what one has not.

    Again, only free human beings in America have reserved powers. The state citizens, as the minor reservee do have reserved powers, as mentioned in Article Ten, to grant national powers to, or withdraw such powers from their own state legislatures.

    So, the state legislature can only operate within its own (republican) constitution which created it. It lacks any power to step outside its jurisdiction and meddle with the jurisdiction of an entirely different government for a different people.

    This Tenth Amendment tells us that some powers, which each state possessed, the Constitution took from them. The other powers, which each state possessed, remain with that state by command of the supreme-will in America (the People). Noticeably, this Amendment shows no new powers given to any state or to any collection of states or to their governments. The Americans left each state government powerless, alone or in combination with other governments, to interfere with the individual rights of any human being outside that state.

    The Supreme Court has also expressly stated the most important declaration in that Tenth Amendment. It has held that the Preamble “People” and the Tenth Amendment “people,” retain every national power except in the few matters they granted and enumerated in Article One. And, these retained powers, secure from any valid exercise by any government or governments in the world, we may exercise in “conventions” at our own discretion.

    So, the state legislatures plainly lack any capacity to alter national powers in the general government. Additionally, the Tenth Amendment adds naught to their pre-existing capacity to make federal Articles. Hence, the supposed roots of nullification do not appear in this Amendment or anywhere else in the Constitution. Nullification theories arise solely within the pure assumptions of some constitutional “thinkers” and “lawyers.”


  7. Anthony-Richard-Alan:Byrne says:

    I am NOT a lawyer and do not practice law. I claim no liability for any damages caused by the use or misuse of this information. My advice is that one has a firm understanding of what is being claimed herein and how it may be applied before putting anything into action.

    Notice of Understanding and Intent & Claim of Right


    Notice of Understanding and Intent & Claim of Right

    Whereas it is my understanding that The United States of America and The State of Texas are a common law jurisdiction, and,

    Whereas it is my understanding that equality before the law is paramount and mandatory, and,

    Whereas it is my understanding that a statute is defined as a legislated rule of a society which has been given the force of law, and,

    Whereas it is my understanding that a society is defined as a number of people joined by mutual consent to deliberate, determine and act for a common goal, and,

    Whereas it is my understanding that the only form of government recognized as lawful in the United States is a representative one, and,

    Whereas it is my understanding that representation requires mutual consent, and,

    Whereas it is my understanding that in the absence of mutual consent neither representation nor governance can exist, and,

    Whereas it is my understanding that all Acts are statutes restricted in scope and applicability by the Constitution for the United States and the Constitution for the Republic of Texas as well as the Bill of Rights of each of the aforementioned, and ,

    Whereas it is my understanding that said scope and applicability is limited to the members and employees of government, and,

    Whereas it is my understanding that those who have a SS number (Social Security Number) are in fact employees of the UNITED STATES government and thus are bound by the statutes created by the UNITED STATES government, and,

    Whereas it is my understanding that it is lawful to abandon one’s SS number, and,

    Whereas it is my understanding that (hu)mans in the United States have the right to revoke or deny consent to be represented and thus governed, and,

    Whereas it is my understanding that if anyone does revoke or deny consent they exist free of government control and statutory restraints, and,

    Whereas a Freeman-on-the-Land has lawfully revoked consent and does exist free of statutory restrictions, obligations, and limitations, and,

    Whereas I, Anthony-Richard-Alan: of the Family Byrne am a Freeman-on-the-Land, and,

    Whereas it is my understanding that acting peacefully within community standards does not breach the peace, and,

    Whereas it is my understanding that any action for which one can apply for and receive a license must itself be a fundamentally lawful action, and,

    Whereas I am not a child, and,

    Whereas I am a peaceful (hu)man, a living sovereign soul, and,

    Whereas I am a Freeman-on-the-Land who operates with full responsibility, I do not see the need to ask permission to engage in lawful and peaceful activities, especially from those who claim limited liability, and,

    Whereas it is my understanding that a by-law is defined as a rule of a corporation, and,

    Where as it is my understanding that corporations are legal fictions and require contracts in order to claim authority or control over other parties, and,

    Whereas it is my understanding that legal fictions lack a soul and cannot exert any control over those who are thus blessed and operate with respect to that knowledge as only a fool would allow soulless fictions to dictate ones actions,and,

    Whereas it is my understanding that I have the right to use my property without having to pay for the use or enjoyment of it, and,

    Whereas it is my understanding that a summons is merely an invitation to attend and creates no obligations or dishonor if ignored, and,

    Whereas it is my understanding that peace officers have a duty to distinguish between statute and law and those who attempt to enforce statutes against a Freeman-on-the-Land are in fact breaking the law, and,

    Whereas I have the power to refuse intercourse or interaction with peace officers who have not observed me breach the peace,and,

    Whereas permanent estoppel by acquiescence barring any peace officer or prosecutor from bringing charges against a Freeman-on-the-Land under any Acts is created if this claim is not responded to in the stated fashion and time,

    Therefore be it now known to any and all concerned and affected parties, that I, Anthony-Richard-Alan: of the Family Byrne, a Freeman-on-the-Land, a living sovereign soul do hereby state clearly specifically and unequivocally my intent to peacefully and lawfully exist free of all statutory obligations restrictions and maintain all rights at law to trade, exchange or barter.

    Furthermore I claim the right to lawfully:

    (1) Exercise my “common law right to travel”, unhindered, unencumbered at my discretion in my private conveyance of the day, to wit, my private, unregistered, unlicensed automobile.

    (2) Exercise my God given right to travel as stated in the Bible.

    (3) Exercise my “common law right” to refuse to obtain by submission; any application for any government issued license, permit or seek permission to perform any fundamentally lawful action or, enter into any government contract under duress, threat, coercion and/or intimidation which would involve committing an act of fraud and/or theft, or any other crime, by way of deception by “I” and/or any involved governmental principal, employee or agent. (in compliance with my Common Law Rights, the Magna Carta et.al)

    (4) Exercise my right to possess, cultivate or use medicinally any plant bearing seed, cacti, or fungi of any Genus that grows naturally upon the face of the Earth as afforded to me by Creator in the Book of Genesis.

    (5) Exercise my right to possess unregistered, unlicensed firearms and ammunition and to use the same for target practice at a range or hunting for food and further swear under oath never to open fire upon another (hu)man, Living sovereign soul, unless as a last resort to protect (hu)man life and liberty.

    I claim that pursuant to any action by any governmental and/or any principal, member, employee, agent, servant, person thereof in Right of the United States and The State of Texas, or municipality:

    “I reserve my right not to be compelled to perform under any contract or commercial agreement that i did not enter knowingly, voluntarily and intentionally and i do not accept the liability of the compelled benefit of any contract or commercial agreement not revealed to myself, which are my rights pursuant to Common Law”

    Furthermore, I claim the right to engage in these actions and further claim that all property held by me under common law being: any and all intellectual property, real estate, trade tools, private automobile(s) and contents, firearms and ammunition, potted plants: contents at the private posted residence known as “street, town, City, Postal Code” are held under claim of right.

    Whereas everything is owned by God and currently held in trust under the Republic until a competent heir(s) appears and lays a lawful claim of jurisdiction.

    Furthermore, I claim that the intentional blurring of the lines with smoke and mirrors, deception, outright lies and too numerous to mention false claims as to the well settled division, between the STATE OF TEXAS and/or UNITED STATES created legal entity know as the “PERSON” and the flesh and blood creation of the Creator known as a “man” is nothing short of theft, fraud, breach of trust and forced slavery, a heinous criminal activity of the most odious form.

    Furthermore, I claim that “all persons, acting as, governments, principals, employees, agents, and justice system participants claiming, “retained legal counsel” have, by virtue of their own and/or their principals actions, claimed “total incompetence”, in handling any of their own affairs in law and have become an instant ward of the court, hence, they are imprisoned by their own actions in hand or lack thereof.

    Furthermore, I claim that due to the self evident facts in truth at hand, that all persons, the UNITED STATES OF AMERICA and or THE STATE OF TEXAS, governments, principals, employees, agents and justice system participants claiming limited liability or immunity are doing so under the pretense of being in fact deemed totally incompetent and under law made instant wards of THIS STATE and/or court and therefore, cannot claim good faith, bona fide or color of right over anyone who is thus blessed as being a competent heir.

    Furthermore, I claim that, “Ignorance of the Law” is not a lawful or legal claim when used by THIS STATE, government principals, employees, agents and justice system participants at any and all levels to my harm or detriment, especially by those claiming limited liability.

    Furthermore, I claim that these actions are not outside my communities’ standards and will in fact support said community in our desire for truth and maximum freedom.

    Furthermore, I claim that anyone who interferes with my lawful activities after having been served notice of this claim and who fails to properly dispute or make a lawful counterclaim is breaking the law, cannot claim good faith or color of right and that such transgressions will be dealt with in a properly convened court de jure.

    Furthermore, I claim that the courts in the United States and/or The State of Texas are de-facto and are in fact in the profitable business of conducting, witnessing and facilitating the transactions of security interests and I further claim that they require the consent of both parties prior to providing any such services.

    Furthermore, I claim all transactions of security interests require the consent of both parties and i do hereby deny consent to any transaction of a security interest issuing under any Act for as herein stated as a Freeman-on-the-Land I am not subject to any Act.

    Furthermore, I claim my FEE SCHEDULE for any transgression by peace officers/law enforcement officials, government principals or agents or justice system participants is ONE (1) ounce of SILVER (lawful money of the United States of America) PER HOUR or portion thereof if being questioned, interrogated or in any way detained, harassed, searched or otherwise regulated and TEN (10) ounces of SILVER PER HOUR or portion thereof if I am handcuffed, transported, incarcerated or subjected to any adjudication process without my express written and Notarized consent.

    Furthermore, I claim the right to use a Notary Public to secure aforementioned FEE SCHEDULE against any transgressors who by their actions or omissions harm me or my interests, directly or by proxy in any way.

    Furthermore, I claim the right to convene a proper court de jure in order to address any potentially criminal actions of any peace officers/law enforcement officials, government principals or agents or justice system participants who having been served notice of this claim fail to dispute or discuss or make lawful counterclaim and then interfere by act or omission with the lawful exercise of properly claimed and established rights and freedoms.

    Furthermore, I claim that the law of agent and principal does apply and that service upon one is equal to service upon both.

    Furthermore, I claim the right to deal with any counterclaims or disputes publicly and in an open forum using discussion and negotiation and to capture on video tape said discussion and negotiation for whatever lawful purpose i see fit.

    Affected parties wishing to dispute the claims made herein or make their own counterclaim must respond appropriately within TEN (10) days of service of notice of this action.

    Responses must be made under Oath or attestation, upon full commercial liability and penalty of perjury and registered in the Notary Office herein provided no later than TEN (10) days from the date of original service as attested to by way of certificate of service.

    Failure to register a dispute against the claims made herein will result in an automatic default judgment and permanent and irrevocable estoppel by acquiescence barring the bringing of charges under any statute or Act against My Self Freeman-on-the-Land Anthony-Richard-Alan: of the Family Byrne, Sui Juris

  8. heiwa says:

    XI. Common Law Court:

    These courts have been declared non-existent.

    1. Kimmel v. Burnet County Appraisal Dist., 835 S.W.2d 108, 109 (Tex.App. 1992).

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