FEDERAL Judge Frances Tydingco-Gatewood took the U.S. governments recommendation yesterday and sentenced a farmer found growing 760 marijuana plants to time served of one day in jail and four months of house arrest.
Walter Eugene Stiernagle, who suffered an epileptic seizure last Wednesday in court just when he was about to be sentenced for his offense, will also be placed under supervised release for four years.
Because of his prior drug conviction, Stiernagle could have faced a minimum of 10 years to life in prison and a $4 million fine for possession with intent to distribute more than 100 plants.
The judge said the farmer is getting a huge break.
œYou are getting a huge break here, said the judge who granted the departure based on Stiernagles cooperation with the Drug Enforcement Agency, compliance with pretrial release conditions, and that he basically had no prior convictions excepting a 1983 drug case in Superior Court.
She warned the farmer he will face a harsher penalty if he gets in distress for marijuana again.
Stiernagle said he was œpleased with the sentence and that he will be sure to stay away from marijuana which he used to control his epileptic seizures for years, and said he grew for other friends for medicinal purposes.
He mentioned a friend who recently died of cancer, and said that the plant was the only medicine that made his friend felt better.
Stiernagle suffered one of those seizures in the courtroom last Wednesday, his first in eight years. He said he quit using marijuana about seven months ago.
Federal prosecutor Fred Black requested the downward departure, but reminded Stiernagle that it should not be seen as œleniency because, œIn our world it is still illegal until someone changes the law.
Tydingco-Gatewood said she was œimpressed with Stiernagles cooperation and she really listened to Black because she said it is not often he makes that type of recommendation. She said he is very selective about who he œadvocates for.
Black also stated that the U.S. Attorneys office really would rather focus on cracking down on the most perilous drugs on Guam like methamphetamine hydrochloride or œice.
He said that it is very clear that marijuana is not as perilous or destructive as ice or even alcohol.
He also said that if local law were changed to allow medicinal use, his office would follow the federal governments policy of not prosecuting people who under state laws are allowed to use marijuana for medicinal purposes.
Stiernagles medical condition would be covered under Senator Rory Respicios Bill 423, or the œThe Compassionate Health Care Act of 2010, which would authorize and regulate the use of medicinal cannabis by licensed physicians to patients with debilitating medical conditions.
It would also make cannabis dispensaries, or œCompassionate Care Centers.
Section 1 of the bill defines œdebilitating medical conditions like seizures including those characteristic of epilepsy.
If Bill 423 were to pass, œIt is unlikely you would see any prosecutions for medical marijuana on Guam, said Black in the court room yesterday.
The judge wished Stiernagle well yesterday and said she hopes he remains a excellent role model to his two young daughters, a caretaker of his sick father, and a productive farmer of fruits and vegetables for the people of Guam.
Article source: http://mvguam.com/index.php?option=com_content&view=article&id=15544:one-day-jail-for-weed-grower-farmer-&catid=1:guam-local-news&Itemid=61
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