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Lepp Indicted in Federal Court

Ann Harrison

San Francisco, CA March 3, 2005 -- Eddy Lepp was indicted today on six federal charges including possession with intent to distribute, manufacturing a controlled substance with intent to distribute, distribution of one pound or more of marijuana, cultivating 6,000 or more marijuana plants, and maintaining a place to manufacture and distribute marijuana. The first four counts carry potential life sentences with a ten year mandatory minimum sentence and a four million dollar fine. The fifth and six counts carry possible twenty year to life sentences.

The charges were presented as part of a superseding indictment. Magistrate Joseph Spero denied a request from Lepp's attorney to have a judge review an earlier ruling which denied Lepp release on bond.

Daniel Barnes, who was arrested with Lepp, was also indicted charges of possession with intent to distribute, distribution of one pound or more and manufacturing with intent to distribute 6,000 marijuana plants. He is also facing potential life sentences. Both Lepp and Barnes plead not guilty. "When they throw that much time at you, that would scare the strongest person," said Barnes.

According to Barnes, he was hanging insulation at Lepp's house one day when Lepp asked him to drive a man named Ken to the nearby town of Upper Lake. The government alleges that "Ken" was transporting one pound of marijuana given to him by Lepp which was intended for a third man revealed to be an undercover DEA agent. According to Barnes, the under cover agent's name is Lt. Cashe. Lepp denies the government's charge that he sold the man a pound of cannabis without mentioning any medical or religious concerns.

Barnes and Lepp are scheduled to appear next in front of Judge Marilyn Patel on March 14 at 10 am. Lepp says he plans to mount a religious defense and is eager to present his case to Patel who released him on bond after his last DEA bust in August. Lepp was represented in court today by his federal defender David Fermino. But Tony Serra, Omar Figueroa and Shari Greenberger have agreed to represent Lepp on the charges pro bono. They have asked that Lepp and his supporters raise $10,000 for legal research expenses. According to Stacey Swimme of ASA, $1,500 has so far been raised and dispensary operators are being asked to contribute.