STATE DROPS ALL CHARGES AGAINST BRADY
May 25, 1999

BY RALPH ELLISON

The prosecution has dropped all charges against California marijuana journalist and medical pot user Pete Brady.

The surprise announcement means Brady now faces only one remaining charge arising from his arrest in connection with the Steve Kubby case- a misdemeanor violation for possessing marijuana while on federal probation.
(Marijuananews note: Brady was arrested on the last day of his federal probation.)

Resolution of Brady’s federal charge may be interesting, especially in light of the handling of a federal trial involving medical pot grower and activist B.E. Smith. Last week, Smith was found guilty in federal district court for growing 87 marijuana plants. The judge ruled Prop. 215 had no bearing on Smith’s case, and ordered the jury not to allow California’s medical marijuana law to affect their decision about Smith’s guilt.

Attorney Tim Zindel, a federal public defender who represented one of Smith’s co-defendants, said that federal refusal to accept Prop 215 cut the heart out of Smith’s defense.

"Sooner or later, legislative or other action has to be taken to resolve the many issues that have complicated Prop 215," Zindel said. "It’s legal as far as California law is concerned, but federal judges take an oath to uphold federal law rather than state law. Judges are in a very difficult position."

Smith’s trial was marked by a visit from actor-activist Woody Harrelson, who managed to tell the jury that Smith’s case involved medical marijuana. US District Judge Garland Burrell threatened the actor with contempt charges and possible jail time.

Harrelson responded with an angry glare and a rhetorical question: "How do you sleep at night?"

Brady says he will be sleeping much better, now that he is not facing the possibility of four years in prison.

"I am so relieved. I have been living with anxiety and sadness about this for too long. I think this has been a learning process for Butte County and the medical marijuana community," Brady said. "The District Attorney’s office is signalling its willingness to work humanely with medical marijuana defendants. They could have continued to press charges against me, up to and including a trial. To say that I am grateful to them for dropping the charges is an understatement."

Brady hopes that the federal probation violation will now be dismissed, and that Butte County will give back the 64 grams of "organic medicine" seized from him in January.

"I also hope prosecutors will dismiss charges against the Kubbys and all other medical marijuana defendants. Medical marijuana is about healing. We need a truce in this drug war, so people on all sides of the issue can be compassionate with each other and work toward win-win outcomes," Brady said.