Agents arrest medical marijuana grower on federal charges

Federal agents arrested a controversial medical marijuana grower Wednesday following an early morning search of his Upper Lake home and marijuana farm.

Federal Drug Enforcement Administration (DEA) agents arrested Charles “Eddy” Lepp, 52, on federal Controlled Substances Act (CSA) charges at approximately 7:30 a.m. Wednesday, said DEA public information officer Rich Meyer.

Agents also arrested Daniel Barnes - whose age and city of residence were unknown at press time - on federal CSA violations.

“He (Barnes) was singled out because the agents had some information leading to him,” said Meyer.

Lepp and Barnes had been held in the Marin County Jail pending an initial appearance before a federal magistrate, said Meyer.

In addition, Meyer reported that local authorities arrested two individuals - whose names were not released to the media - who refused to show identification to police.

Agents confiscated 6,000 plants and clones as well as more than 10 pounds of processed marijuana during the raid at Eddy’s Medicinal Gardens, Meyer said.

Lake County Sheriff Rod Mitchell said 34 law enforcement personnel participated in the search and confiscation effort, including six officers from Lake County Narcotic Task Force (LCNTF) and seven from his department, along with agents from the DEA, Mendocino Marijuana Eradication Program and Sonoma County Narcotic Task Force.

During the raid, Record-Bee reporters witnessed officers confiscate plants, cloned plants and processed marijuana as well as numerous pieces of lighting and ventilation equipment. Agents loaded two pickup trucks with plants and growing equipment from a barn and then moved in a large covered moving truck to remove more items from other parts of the property.

Meyer estimated the value of the confiscated marijuana in the millions of dollars. The DEA uses a formula that estimates each plant produces one pound of marijuana, with each pound having a street of value of more than $3,000.

By that calculation, the street value of Wednesday’s seizure is approximately $18 million.

“Some plants can grow as big as apple trees and (are) capable of producing as much as 4 pounds or more,” Meyer said. “Previously, Lepp told us he produced the most potent marijuana produced.”

Lepp claims protection under Proposition 215 (HS 11362.5), which allows for cultivation and possession of small amounts of marijuana for personal consumption. In November 1996, voters passed Proposition 215 by a 56 percent majority vote.

In addition to California, eight other states - Arizona, Alaska, Washington, Oregon, Nevada, Maine, Colorado and Montana - have legalized marijuana for medical purposes.

However, Proposition 215’s passage has given rise to a conflict between federal and state law, which has yet to be resolved in court.

Federal law classifies marijuana as a “Schedule One” substance without any accepted medical use in the United States and a high potential for abuse.

In searching and arresting Lepp, the DEA claims the constitutional supremacy of federal law over state.

“We aren’t getting around anything,” Meyer said. “Greed is the basis for the medical marijuana movement.”

That sentiment appears to be shared by local law enforcement.

At Lepp’s farm Wednesday, Lake County Chief Deputy Sheriff Pat McMahon called Lepp a “profiteer.”

Wednesday marks the third time the DEA has enforced federal CSA violations against Lepp in Lake County, said Lepp’s wife, Linda Senti.

Senti said she talked to her husband by phone Wednesday and reported he “was very tired and very cold.”

She reported that Lepp was arrested on marijuana charges in 1996 and was acquitted in 1998.

Lepp has stated previously that he has a lawsuit pending against the DEA concerning a prior arrest and seizure.

Note: This story was written by the Record-Bee in Upper Lake. It is published here because of the recent action taken by the Humboldt County Board of Supervisors and the struggle between state and federal agencies concerning the matter. The board of Supervisors last December approved a permit for the Humboldt Patient Resource Center to operate a medical marijuana growing and dispensing operation in Willow Creek, similar to one that has operated in Arcata for years.

Provided by ArmMed Media
Revision date: June 20, 2011
Last revised: by Andrew G. Epstein, M.D.