The First Dispensary Grower Tried in Federal Court Headed Back to Prison

Posted by Karri Gallaugher on February 23, 2010

Feb 232010

(Sacramento, California) The first medical marijuana dispensary grower to be tried in federal court was sent back to prison on Monday by a federal judge. Bryan Epis, 42, was convicted in 2002 of growing 100 plants in 1997 and planning to grow 1000 more. He received a 10-year sentence based on mandatory minimums because his house was within 1,000 feet of a high school. In 2004, after serving two years, the 9^th US Circuit Court of Appeals freed him, but the nation’s high court in 2005 ruled that California’s medical marijuana laws were overruled by federal law. Epis has been out of prison for the last six years as his lawyer has been challenging other aspects of his conviction. Yesterday, US District Judge Frank Damrell Jr. ruled that Epis had exhausted his appeals and he was ordered back to prison to serve the remainder of the 10 years. This from the Sacramento Bee:

Defense attorney John Balazs asked at today’s hearing that Epis be given a surrender date so they could explore further legal means of attacking the conviction and sentence. But U.S. District Judge Frank C. Damrell Jr. rejected the plea, saying, “He’s had every opportunity to talk to lawyers.”

“It’s over Mr. Epis,” Damrell told Epis, and he was escorted to a holding cell by deputy U. S. marshals while his girlfriend and her daughter quietly wept.

For more on Bryan’s story click here.

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