ARRESTED FOR MY CAUSE

To my 33,000 or so MTWT readers: Because you've tolerated me, encouraged me, enlightened me or learned from me, my 2006 Christmas gift to you is truth.

As one of the prisoners who have gone before me said, "If we know the truth, we must tell it; if we don't, we must learn it!" It is critical to our spirit.

Something is not right when we feel pressured to hide the truth in order to maintain the status quo. Abe Lincoln has been quoted as saying, "To sin by silence when they should protest makes cowards of men." I have no desire to be a coward when I most need to be brave, therefore I'm going to show you the skeleton in my closet.

If you don't know me, most of you know a little about my work. If you feel the need to pass judgment, I hope you will judge me on my merits, not on any manufactured stereotypes.

On December 5th, 2006, I became one of the 1-in-32 Americans to dis-grace the American judicial system. I was arrested in my own room while recovering from open heart surgery in my daughter's home... and charged with "THC Possession".

I was arrested despite Wisconsin Statute 961.41(3g) and my medical statement from a licensed doctor that conforms to that law. So, at age 63, I've been cuffed, fingerprinted, photographed and charged by the police for the first time in my entire life. After nearly 30 years of responsible use, I'm tempted to ask what took them so long.

Now and forever, I'm as peaceful as they come... I'm a quiet 63 year old great-grandma recovering from heart surgery, an old lady who would never intentionally harm another person or their property. I don't do dangerous drugs, legal or not, including alcohol or even tobacco (anymore).

So how does a peaceful person who tries to obey God's laws end up on the crowded road to punishment? Despite our claims to freedom, it's not particularly hard in America.

Being a free person in a supposedly free society, I tend to question everything, particularly as it affects me or my loved ones. In my mid-30s, I realized medicine had become an urgent issue for me...urgent as in suicide and mental hospitals. (You can read all about my pre-marijuana life at http://www.angelfire.com/la/kaylee/depression.html or here in my blog "Depression: The Bottom of the Mind")

So I began researching, particularly mental health care, including controversial and illegal but natural plants like marijuana. I discovered this plant has a remarkably honorable healing history. In my 30s, I made the choice to try it.

It turned out to be the perfect medicine for me, my mind and body - with side effects I actually enjoy, like increased creativity, spirituality, humor, and a sense of well-being. So Cannabis became my medicine of choice. I've needed no other in all these years.

The one side effect that I can never appreciate is being called a criminal!

I am an asset to this world, helping where, when, and how I can. I am intelligent, spiritual, loyal to family and friends; I don't hurt children nor animals, nor shuff off my duties as a citizen. I love my country and participate in it's function; I obey it's laws - as long as those laws conform to the constitution and the spirit.

So how did this happen? What worthless, unjust law made me anything but the good person I've always been? Why I am now one of my country's undesirables, a burden, an outlaw, a common criminal due in court on January 2nd, 2007 for daring to possess marijuana in my own home?

Make no mistake about it, the worst side effect of 'marijuana' is the very unconstitutional laws against it.

Because I've always lived by God's Laws, I'm fairly ignorant of man's. How does a shy but brave and educated grandmother defend herself and the plant she uses against the justice system that should be protecting her right to use it?

I'm still who I always was, but now I'm wearing the mislabel of 'U.S. Criminal'. My family may have to do without me for awhile. Those I help will be a little less comfortable. My fellow Americans are about to be over-billed for my incarceration. I'm told I deserve it for my responsible use of a non-toxic natural element that never caused me to be cruel to anyone.

Surely no one believes that the people of this country are better off with laws that cost a fortune, cannot be enforced, and cause the arrest of hundreds of people like me daily?

In the face of all this, it makes no sense to me that I should be judged. Isn't - or shouldn't it be - that the exact criteria we use to judge a bad law is "Does it hurt good people?" Instead of wasting all this effort on me, what needs our attention is the law that turned the perfectly natural behavior of trying to raise my quality of life into a crime!

Whatever happens, I will keep reminding myself, "I am not a criminal, this time it is the LAW that is wrong."

I, of course, continue to hope my peers will judge the law as well as me and the plant, but should worse come to worse, I will keep you informed and updated. If you have suggestions, advice, comments, or criticism, let me have it...I'm a tough old bird. If you want to be taken off my list, contact me. If you learned something, let me know.

Regardless of what you think of me now, don't neglect the truth: If it hurts good people; If it is in conflict with compassion and common sense, it is a bad law and it is every citizens' duty to change bad laws. That is the unequivocal price of freedom.

Merry Christmas,
Kay Lee
kayleeusa@frontiernet.net

Wisconsin Circuit Court Access (WCCA) http://wcca.wicourts.gov/index.xsl

I got your name from the NORML Lawyer list at http://norml.org/index.cfm?Group_ID=3445. 

My name is Kay Lee. I'm a silver haired 63 year old great-grandmother, activist and prop 215 patient [ http://www.angelfire.com/la/kaylee/depression.html].

Last night, 12.5.05, I was arrested at my daughter's home and charged with "THC Possession by the Eau Claire Wisconsin police department. I have never been arrested before.

I actually live in Atlanta Georgia. I came to Eau Claire this summer to visit my daughter but suffered a heart attack in August and had emergency open heart surgery at Luther Middleford Hospital.  I'm still in Wisconsin only because of the heart attack and surgery: Doctors are still adjusting my meds. 

My daughter had an episode with her dog and a neighbor the other day and I thought it was animal control who came to the house 4 or 5 times during the week, but it actually turned out to be police.  

The fourth officer to come by stated that he smelled marijuana (it was coming from my room as that's the only place I use it).

He asked who the pot belonged to, and, to keep my daughter's family out of it, I quickly stated that it was mine, that I am a Prop 215 arthritis and depression patient who just had open heart surgery. I had my Prop 215 paperwork, heart meds and scar to prove it. 

When he asked, I gave him my pot to keep him from bringing dogs to find it. He was gentle, apologized, said he understood medical use but that Wisconsin has no medical provision. He did arrest and cuff me but didn't read me my rights.

At the station the cop who put my info in the computer, and the one who fingerprinted me and took my mug shots were also gentle. In case number 06-28866, they charged me with "THC possession - - 961.41(3G)(E)", warned me not to leave town, and sent me home. I go to court on Jan. 2nd.

The main thing I'm worried about is my daughter and her family because the offense took place in my room at her home. She has an eight year old son. I'm not sure what to do when child services come as the cop said they would. They didn't show up today.  

I have a lock on my door so grandson can't come in, but I don't know if that will be enough to give the family plausible deniability or to protect him. I'm not sure what else I can do to protect them.

At home I care for medical patients in exchange for room, board and an internet connection. I have no money for legal representation, so will probably just take what they give me up to a point. Punishment for this crime here I believe is 6 months in jail and a fine. 

I have no income as I nurse or housekeep for marijuana patients in exchange for room, board and an internet connection. In my case, I don't have inclination to pay a fine nor money to pay probation fees.

Probation is out of the question anyway because I need to be free to go home when doctors are done with me, travel to make my speeches or accompany my current patient to his events, and to be in WI with my daughter when she needs me, so will probably have to do the six or so months in jail and just get it over with.

However, I am an activist. I did my second "Journey for Justice" here in Wisconsin and do want to mount a medical defense, and if anyone is interested in using me as a challenger to the laws in WI, I'm strong and determined and unafraid. 
I've been told there is an obscure provision of the WI Control Substance Law, an exemption pursuant to having an order from any licensed doctor (which I have from California). Perhaps someone will use this elderly sick woman as a challenger??? I'm willing.

Thank you so much for any suggestions or interest.
Kay Lee

In December, without fanfare, I was handcuffed and ruthlessly deposited on the well-worn trail of justice. The trip thus far has only been verification of what I already know: The Justice system isn't doing what it was designed to do and it's spending a lot of money not doing it.

I have never before been the target of law enforcement and in fact, should not be standing in line for justice now. As you know, while healing from heart surgery, I was arrested and charged with "THC Possession" by the state of Wisconsin, despite a state statute that should have protected me from such foolishness.

Between WI Statute 961.41 ** and the *** 10th Amendment to the U.S. Constitution, a trial should be the last thing on my mind. When I lived in Berkeley in 2002, Dr. Mike Alcalay [CA] confirmed in writing that marijuana raises my quality of life, and in Wisconsin that's supposed to be all I need to remain a law-abiding citizen.

But the law turned out to be a moot point. On January 11th, in Eau Claire Branch #3 courtroom,  I met Judge Gabler, who will be determining my future; and my attorney, Bryon Walker, who will see it's done fairly.  I was impressed with them both. I wasn't as taken in by the system itself. I've sat in courtrooms with other people many times, so the choreographed-rote-perfunctory-ritual that has become the legal process doesn't so much surprise me anymore as sadden me.

It seemed a tremendously expensive waste for that busy courtroom and all it's actors to have to stop and focus on me, however briefly. It would have made more sense to me if we just showed the judge my doctor's order and a copy of the law so he, as well as we, could get on with more important matters.

Seems that's not the way things work. I was told intake court wasn't a place where I could simply show my documentation and the judge would make it go away.

Instead, apparently all we were there to do was enter my plea of "Not Guilty", and even then the prosecutor kept assuring us that we didn't have to enter a plea that day.  In fact, up to that point, I was the only one who did enter a plea. A wasted day in court? What's that all about?

My attorney, Mr. Bryon Walker, took lots of time after court to explain all the possible outcomes to me.  The "Not Guilty" plea started some kind of legal clock. Attorney Walker will speak to the DA's office to see if they would rather drop the case against me or take it to a jury trial. If the prosecutor decides to pursue the matter, the next time I have to appear in court is February 28th. I'll keep you updated.

Mr. Walker is prepared to see this through as long as the case 'stays simple'. If it gets complicated, for costs, approximate $8 to 10,000, it's possible my case could be used to make law in the Wisconsin supreme court so that, in the future, this will not happen to other patients who use cannabis to raise their quality of life. We'll see what comes next.

I am forever grateful for Mr. Walker's help.  His services are being provided, as far as I understand, by National and Wisconsin NORML. To everyone involved, thank you so much for providing me access to Attorney Walker.

ONE LAST NOTE: I came to Wisconsin to visit my daughter for a few weeks, but now I've been here for eight MONTHS. The doctors are still adjusting heart medicine [yuk] and with the legal system on my case, the time of my return home is uncertain.

Those of you who do pray, please ask for blessings for my daughter's family. They have been very patient, although my arrest has made my daughter feel totally unsafe in her own home: Knowing it happens isn't anything like having it happen. One thing she'll never do again is let a cop inside the door without a warrant even if he is 'just here about the dog.'  :>) I advise everyone to do the same.

Please consider, when the law says you should be afraid enough of non-violent cannabis users to lock them up, that is an inexcusable and hasty generalization  - Despite the fact that I admittedly appreciate marijuana, I would never intentionally harm you nor your stuff - because with or without pot, I am NOT a criminal. I'm just another victim of the drug war.

With so much respect for all of you,

Kay Lee
N5430 Hwy H Apt A
Mondovi, WI 54755
715-926-4934
kayleeusa@frontiernet.net
Cannabis Research
http://www.angelfire.com/planet/cannabis
History of the Journey for Justice
http://www.angelfire.com/
Making The Walls Transparent 
http://www.angelfire.com/fl3/starke

PS. Thank you all my readers, every one of you, for your interest in 'just another drug war story' (which has been added to 'The Wall': Thank you November Coalition http://www.november.org).  I have especially appreciated the interesting responses from you, all of which I'll be sharing on my Cannabis Research site at http://www.angelfire.com/planet/cannabis

KAY LEE'S CASE NUMBER 07 CM 69
http://www.angelfire.com/planet/cannabis/legal.html

FOOTNOTES:

*Wisconsin Statute
961.41 allows the possession of a controlled substance with "a valid order of a practitioner" 
**Wisconsin Statute

Section 961.32(2)(c) provides that a person may lawfully possess a controlled substance in Wisconsin if the person possesses the substance "pursuant to a lawful order of a practitioner." 
***Amendment X

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. 

DEA 's Site on Schedule I drugs
http://www.dea.gov/pubs/csa/812.htm

STATE OF WISCONSIN Plaintiff vs KAY LEE Defendant
Case No. 07 CM 68
THC Possession

Judge: Hon. William M. Gabler
721 Oxford Avenue
Eau Claire, WI 54703

Gary J. Schuster
Assistant District Attorney for Eau Claire County
721 Oxford Avenue
Eau Claire, WI 54703

Defense Attorney Bryon J. Walker
State Bar # 01001112
101 North State Street, Suite 3
P.O. Box 10
La Farge, Wisconsin 54639
(608) 625-4321

Defendant pled not guilty re Wisconsin Statute 961.41(3g) on January 2nd 2007, and prepared to ask for speedy jury trial. Defense Attorney filed the following:

LETTER TO JUDGE GABLER
http://www.angelfire.com/planet/cannabis/judgeletter.html
MOTION FOR DISCOVERY AND INSPECTION
http://www.angelfire.com/planet/cannabis/motiondiscovery.html
DEMAND FOR DISCOVERY AND INSPECTION
http://www.angelfire.com/planet/cannabis/demanddiscovery.html
MOTION TO SUPPRESS WARRANTLESS SEARCH OF RESIDENCE
http://www.angelfire.com/planet/cannabis/motionsuppress.html
MOTION TO DISMISS UNCONSTITUTIONAL STATUE: RELIGIOUS FREEDOM
http://www.angelfire.com/planet/cannabis/motionreligious.html
MOTION: SCHEDULING
http://www.angelfire.com/planet/cannabis/motionschedule.html
MOTION TO DISMISS UNCONSTITUTIONAL STATUTE: MEDICAL USE
http://www.angelfire.com/planet/cannabis/motionmedical.html
MOTION TO DISMISS: STATUTORY AUTHORIZATION
http://www.angelfire.com/planet/cannabis/motionstatutory.html
DEFENDANT'S BRIEF IN SUPPORT OF MOTION TO DISMISS: UNCONSTITUTIONAL STATUTE: MEDICAL USE
http://www.angelfire.com/planet/cannabis/briefmedical.html

Defendant says valid Marijuana prescription gives her protection under Wisconsin law. Prosecutor says 'THC' in Wisconsin law refers to Marinol, not the plant. Defense Attorney counters that THC is THC, whether in pill or plant. 

Perhaps the case was winnable: Prosecutor made an offer he apparently hoped I wouldn't refuse: THC Possession charge dropped to a city ticket (which does not allow for jury trial). Also no probation, no jail time, no serious criminal record. If I take his offer, the ticket's usual cost of $400 + court costs will be reduced to $50 plus cost. The court will even give me until April 27th to pay it.

Considering the fact that I do not have $10 to 15,000 for attorney fees; have been leaning on my daughter for almost a year while trying to recover from heart surgery and arrest, and really need to get home, I took his offer.

Judge Gabler's final words to the DA: "Incinerate the evidence"- meaning they burned my medicine. If we keep pushing for a change in the law, perhaps one day that will be illegal.

Future plans? Get home as quickly as possible. Put all this online. Update MTWT [http://www.angelfire.com/fl3/starke]. Do Operation Wipeout for Dallas County Jail [http://www.angelfire.com/crazy4/texas]. Try to educate enough people to change the law [http://www.angelfire.com/planet/cannabis].

Fine: $50 + Court Costs $136 TOTAL: $186 Due 4/27/07

Jails are so overcrowded with people like me that they will no longer let people sit three or four days and pay off the fine. The court has limitations on how many hours of community service I can do per week; the doctor has limitations on what I can do after heart surgery, and with no transportation, 27 hours community service service work could take me months..

And if you are one of the rare ones who can afford $15,000 to 20,000 for attorney fees to clarify or change a law, I'll be glad to come back to Wisconsin and try this again with Attorney Walker representing me.

Thank you,

Kay Lee
N5430 Hwy H Apt A
Mondovi, WI 54755
715-926-4934
kayleeusa@frontiernet.net

MY CANNABIS RESEARCH
http://www.angelfire.com/planet/cannabis
HISTORY of JOURNEY for JUSTICE
http://www.angelfire.com/fl5/j4j/
MY CANNABIS ARREST
http://www.angelfire.com/planet/cannabis/legal.html
MAKING THE WALLS TRANSPARENT 
http://www.angelfire.com/fl3/starke

I am glad you are now out of the "justice" system. Congratulations. How are things today? Fully recovered from your medical and law enforcement ordeals? I hope so.

I'm pro-choice on EVERYTHING!

YOUR LUCKY IF YOU WERE BLACK AND IN ATLANTA YOU WOULD BE DEAD ' THINK KATHERN JOHNSTONE .MURDERED BY FOR ATLANTA NAZI NARKS SHE ROTS IN A GRAVE BECAUSE OF GREEDY POLICE .AT LEAST THEY ARE IN PRISON MAYBE THEY WILL DIE IN THERE WHERE THEY BELONG.