On November 5, 1996, fifty-six percent of California voters approved Proposition 215. This law removes state-level criminal penalties for the use, possession and cultivation of medicinal marijuana by patients who possess a prescription or written recommendation from their physicians. Patients suffering from medical conditions such as cancer, arthritis, cachexia, HIV/AIDS, epilepsy, and multiple sclerosis have found that medicinal marijuana significantly reduces the severity of symptoms and chronic pain, and does so without many of the side effects common to prescription narcotics. Prop 215 does not establish a confidential state-run patient or cultivator registry.

My name is Kevin Gage and I am a forty-three year old actor of twenty-two years, who is well known in the Hollywood film and television industry for movies such as HEAT starring Robert DeNiro and Al Pacino; GI JANE with Demi Moore; CON AIR with Nicolas Cage; BLOW with Johnny Depp; and THE BURBS with Tom Hanks to name a few. In 1993, I was hospitalized for two months in traction with multiple hip and pelvis fractures, a crushed leg socket, internal spleen and intestinal damage from an automobile accident. During a long year of rehabilitation, I learned of the benefits of medicinal marijuana for chronic pain and stress. I subsequently was able to go back to work and continue to make a living today in the film industry.

In 1999, my younger brother was diagnosed with multiple sclerosis and in 2001 my sister with cancer. During treatment, my sister lost 30 pounds, dropping from a healthy weight of 120 pounds to barely 90 pounds due to the nausea and pain associated with chemotherapy. I spent Christmas 2001 at home with my loved ones in Wisconsin. While I was there, I witnessed my sister, bald and sick from the chemotherapy, using marijuana to help her regain her appetite and rid her of the nauseous side effects. Within a half hour of smoking marijuana, my sister was feeling much better. The nausea had subsided and she was enjoying Christmas dinner with her family. She continued using medicinal marijuana and was able to gain all her weight back in the next few months. (Sadly, her cancer has progressed to her bone marrow and is now in stage 4.) My brother, diagnosed with multiple sclerosis, is a hard working family man with three children. Smoking medicinal marijuana decreases his eye spasms, allows him to sleep better and decreases the stress in his life, an important factor in preventing fur their progression of the disease.

I returned to L.A. the first week of January 2002. Having witnessed the remarkable healing effects of medicinal marijuana, I wanted to know more. I went to a gathering that same week of a medicinal marijuana support club. After the meeting, I spoke with a fifty-six year old woman, Stephanie Landa, who had recently been hit by a car while crossing the street and was going through extensive rehabilitation after losing 50% of the use of her right arm. Ms. Landa and her ex-husband, fifty-three year old Thomas Kikuchi and I talked about the positive aspects of marijuana for pain management as opposed to the conventional/legal hard narcotics that are usually prescribed (i.e., Vicoden, Morphine, Demerol, etc.). They also spoke of San Francisco and the massive political movement that was going on to support medicinal marijuana.

After a couple of months of research on the San Francisco medicinal marijuana movement and more meetings with Ms. Landa and Mr. Kikuchi, Ms. Landa and I drove to San Francisco to do further inquire about the medicinal marijuana movement and speak to political figures and local authorities personally about growing the medicinal herb. In March 2002, we drove up to the city of San Francisco to speak personally with District Attorney Terrence Hallanan. Ms. Landa met with Mr. Hallanan at a N.O.R.M.L. (National Organization for Reform of Marijuana Law) convention, where Mr. Hallanan spoke about Proposition 215 and the benefits of medicinal marijuana. He was in full support of Proposition 215 and welcomed all caregivers/cultivators to the city of San Francisco where they would be protected and not prosecuted. He called their city a "sanctuary" and the city council board of supervisors had actually passed a medical marijuana sanctuary resolution in December of 2001.

The Chief of Police had also given specific orders not to arrest any medicinal marijuana caregivers/cultivators or patients with proper documentation. Ms. Landa and I did not stop our research there. We attended a meeting in San Francisco where the Captain of Narcotics and an Inspector with the San Francisco Police Department, spoke to a group of 40-50 people outlining the guidelines of Proposition 215 and the different laws from county to county concerning plant limitations. The city of San Francisco had no plant limitation. Ms. Landa and I along with the room full of people were assured we would be protected under California Proposition 215 by the Captain of Narcotics and the SFPD Inspector and that their "sanctuary" city protected us from the conflicting laws of the Federal Government.

After conducting months of research and speaking personally with political figures and narcotic law enforcement Ms. Landa, Mr. Kikuchi, and I felt assured that we could grow medicinal marijuana legally in San Francisco. In April 2002, the three of us were able to secure a building and on April 15, 2002 we signed a lease.

On July 16, 2002 Ms. Landa and I were in the building when we turned around to see a gun pointed at us and a policeman yelling "freeze." We obeyed the officer who we recognized as the Inspector from the SFPD who was the same officer who four months earlier (along with the Captain of Narcotics) had welcomed us to the City of San Francisco. Additionally orders were given by the Chief of Police not to raid medicinal cultivators. After a few hours of detainment, the Captain of Narcotics and the SFPD Inspector, who incidentally instructed the officers present to keep the press away, released us due to insufficient evidence of a criminal act. We were told not to return to the premises until the next day. When we did return the following day, our personal items were gone. We contacted an attorney who told us that because there was insufficient evidence of a criminal act, the matter would likely be dropped as we had not broken any state laws and had only been detained and no t arrested! ted.

This is where the story of three people who invested their time to grow medicinal herb which was sanctioned by the State of California becomes a story of injustice and a political struggle between state and federal authority.

In the first week of August 2002, approximately 2 weeks after our unfortunate encounter and detainment by the SFPD, we received a phone call bearing the devastating news that we were being indicted by the Federal Government. Obviously curious as to how this indictment came about, we learned that the same SFPD Inspector [namely Marty Halloran - DG] who, four months prior, had promised us that we would be protected in San Francisco under Proposition 215, was the very person who brought this forward. The same SFPD Inspector who had said there would be no cooperation with the Federal Government, had put us under surveillance, obtained a search warrant, raided and released us due to insufficient evidence of a criminal act, was the same man who subsequently turn ed us over to the Federal Government for prosecution.

The three of us along with our lawyers felt quite confident that a good case could be made for entrapment, and with a few other legal motions we had a very good chance the case would be dismissed. Unfortunately this is not what transpired. After several appearances in court and many months of mental, physical and financial distress, the Assistant US Attorney informed us that if we did not accept the plea bargain he was offering, we would be prosecuted to the fullest and could receive 20 years to life in prison. We accepted the deal that the Assistant US Attorney offered and subsequently we were ordered to turn ourselves in September 29, 2003 to start a 41 month Federal Prison term followed by 3 years supervised probation. Although the Assistant US Attorney graciously allowed us to bring up medicinal marijuana to the Judge, (which is unheard of in Federal Court due to the fact that medicinal marijuana is not recognized by the Federal government) he would not allow us to imply!implicate in any way, the Captain of Narcotics or the San Francisco Police Department.

By passing Proposition 215 the people of California were sending a message that seems to have fallen on deaf ears. I believe it would behoove the public to be made aware of this case in order to preclude it from happening again to others and to perhaps somehow make some strides in reconciling states rights vs. the federal government. For more information please call 818-968-0081.