Caregivers and Patients, Turned Over to Federal Authorities by Local Police
Noted actor Kevin Gage made a career out of playing tough-guy cops, narcs and drill sergeants in such movies as Heat, Blow and G.I. Jane. In Blow, he plays an undercover DEA agent, so it was not surprising - no matter how ironic - that the narcotics officers who arrested him in 2002 asked for his autograph. He gave it to them, and then demanded to see their captain.
Kevin had already explained to the officers who were raiding the warehouse where he and two friends had begun growing marijuana that he and his friends Stephanie Landa and Tom Kikuchi had met with San Francisco police five months earlier about how to grow medical marijuana legally. They had been given guidelines by the city and met with the district captain. In fact, they remembered the inspector leading the raid as one of the officers present at that meeting, though he denied remembering either them or the meeting.
After sitting handcuffed for two hours as officers searched the small warehouse, the captain arrived, confirmed that he’d met with them, checked the doctors' recommendations they had on site, and ordered them released. He even gave them a police form indicating that they had been released without charges. With that, Kevin, Stephanie and Tom thought the matter was over.
But two weeks later, they were indicted by the federal government, though no federal agents had been involved in the raid. The U.S. Attorney's office would say only that a "citizen complaint" had led to the indictments, but suspicion immediately fell on the disgruntled police inspector who had denied remembering them, particularly since he showed up for all the subsequent court hearings and was seen openly conferring with the federal prosecutor. San Francisco District Attorney Terence Hallinan criticized the police's apparent role in the case, saying, "It's absolutely improper for San Francisco law enforcement to turn people in to the federal government just because they feel the D.A., the Board of Supervisors and the voters are too lenient on marijuana."
Advised that they would not be allowed to present a defense at trial, Kevin, Stephanie and Tom pled guilty to "maintaining a place for the manufacture of marijuana," for which the government recommended a maximum of 56 months in federal prison. As part of their plea agreement, they were forbidden to discuss their contacts with SFPD in asking the court for a lower sentence, though they were allowed to tell the judge what they had done to comply with state law. Nonetheless, the judge discovered mention of their meetings with police in a report and then — over the strenuous objections of the prosecutor — rescheduled their sentencing until an investigation could be conducted.
By the time they returned to court, members of the San Francisco Board of Supervisors had signed a letter requesting leniency for the three medical marijuana patients. The Supervisors asked the judge to take into consideration the city's "resolution declaring San Francisco a sanctuary for medical cannabis use, cultivation, and distribution," which urges "the San Francisco Police Department not to assist in the arrest of any patients, physicians, dispensaries, and caregivers." Ed Asner, former president of the Screen Actors Guild, also sent a letter requesting leniency, as did Kevin's sister, a cancer patient for whom Kevin was growing marijuana.
When Kevin had decided at the beginning of 2002 to take a year off from his Hollywood career to help grow medical marijuana, he did so not just because he knew how much it helped him cope with his own chronic back pain, but because he wanted to help his sister and his brother, who was struggling with MS. The friends working with him also had doctors' recommendations for marijuana. A car accident in August of 1999 left Stephanie, a single mother, without use of her right arm. Tom has a recommendation to use medical marijuana for his own chronic pain.
All of that made a difference to the judge, who said repeatedly that it was a "lesser harm" for them to be growing marijuana for patients then to obey the law and ignore the suffering of others. He nonetheless sentenced them to up to three years in prison, less time than prosecutors had sought.
A Letter from Kevin Gage’s SisterMy name is Tammy Varney and I am writing this letter on behalf of my brother Kevin Gage. I am currently staying at the Hope Lodge Center for Cancer Patients in Marshfield Wisconsin where I am receiving Chemo treatments for Cancer and daily radiation for an optical nerve tumor on the back of my eye. This is my second time around fighting Breast Cancer. The first time was around Christmas of 2001 when I saw my brother last. He had come home to see me and be with our family for the Holidays. At that time I had lost about 30 pounds because I could not keep down food as a result of the chemo therapy treatments—from 120 lbs. down to about 90 lbs.
A friend had recommended that I try smoking Marijuana to rid myself of the nautious side effects of the Chemo treatments so I could regain my appetite and keep down what I ate. When Kevin came home and saw how thin and sick I was he was very emotional and scared for me and immediately started talking with our family and doctors and doing research to help me recover. He witnessed firsthand and, like myself and family, was amazed how using the marijuana as medicine took away the nauseous side effect of chemo treatments and allowed my appetite to return, which made it possible to regain my weight and get through my treatments much easier without feeling so nauseous and sick. It was honestly the only medication that was effective and had no side effects.
I and our family are so scared for Kevin and absolutely devastated that he is being treated like a criminal by our Government and may go to jail for attempting to provide medication legalized in the state of California. He left his home in Los Angeles just two months after visiting me that Christmas to go to San Francisco where the District Attorney and local law enforcement called their city a sanctuary for caregivers and welcomed him and others to help people who needed alternative medication.
My Brother is one of the most caring, loving human beings on earth. He has watched our brother Kent suffer from Multiple Sclerosis, he has watched me suffer from cancer and has suffered himself from a near fatal car accident that hospitalized him in traction for nearly two months. Kevin makes a very good living in the entertainment Industry as an actor in Los Angeles and for him to take time off from his work at the peak of his career and leave his home to help people who suffer from many different illnesses makes him a Hero beyond words in our eyes. We pray that our Government sees the truth which is my brothers only motivation was to help those who suffer have access to an alternative medication and live life as comfortable as possible.
I know that making people happy is what makes my brother happy, and like myself and our family, Kevin knows at the end of ones life all you have is Family, friends and hopefully memories of all the good you have done for them and others. We are so, so proud of him and hope you will all support and pray for him with us.
