Medicinal Marijuana

Summary: Kevin Gage and two partners were indicted by Federal authorities in San Francisco in August, 2002, for growing marijuana. The marijuana was intended for resale to patients with prescriptions, who are legal users under California state law. The three defendants were operating with full knowledge and cooperation from the City and police department of San Francisco. They believed that they had the consent of local authorities, and that what they were doing was legal under state and local law. Their case and others illustrate the conflict between state and federal laws regarding the legal use and cultivation of medical marijuana.

On July 30, 2003, Kevin Gage was sentenced to 41 months in Federal prison, starting September 29, 2003. He was released early for good behavior on September 21, 2005.

Related Articles

Jews lead the charge for medical pot - J., November 11, 2005
Interesting in-depth article about Irvin Rosenfeld and other notable Jewish advocates for medicinal marijuana includes several paragraphs about the case involving Stephanie Landa, Thomas Kikuchi and Kevin Gage. Partial excerpt: "In 2002, [Landa] was invited by San Francisco police and political officials to grow medical marijuana here; various supervisors even described the city as a 'haven.' Then-District Attorney Terrence Hallinan assured her, personally, that she was legally in the clear.

"Of course that wasn't so. Landa's warehouse was raided, and her 800 plants destroyed. She and her two co-owners were tried on the federal level. On their lawyer's advice, they kept out of the press, which was a questionable call considering one of her co-defendants, Kevin Gage, is a working Hollywood actor with some name recognition."

Waiting to inhale - San Francisco Bay Guardian, June 8, 2004
Article describes the arrests of Gage and his partners, along with other similar cases. Article states that Gage is eight months into his 41-month prison term.   [HempEvolution]

SF Supervisors Urge Leniency for Hollywood Actor, Two Others - Americans for Safe Access, July 29, 2003
Members of the San Francisco Board of Supervisors signed a letter requesting leniency for Gage and his two co-defendants. Ed Asner also sent a letter to Judge Alsup requesting leniency based on humanitarian considerations. Article provides more details about the case.

Medical Marijuana Sentencing To Take Unprecedented Third Day - Americans for Safe Access, July 2, 2003
Press release explains that the sentencing trial for Gage, Landa, and Kikuchi was longer than usual because of the "lesser harm" defense they were invoking. "I've never had a sentencing hearing last so long," Judge William Alsup said before continuing the trial and asking the defendants to file more documents describing how they were making sure patients were being served.

New Medical Marijuana Sentencing after Role of SFPD Uncovered - Americans for Safe Access, June 30, 2003
Press release from Gage, Kikuchi and Landa's attorney describes the case, focusing on the role of the San Francisco Police Department and suggesting that entrapment was a factor in the defendants' arrest.

Don't Confirm the Raids! - Americans for Safe Access, June 24, 2003
Open letter to California Senator Diane Feinstein asks her to act on behalf of people who have been arrested for growing medicinal marijuana in spite of the fact that it is legal under California law. Kevin Gage is one of the signatories.   [KevinGage.com]

Kevin Gage, Tom Kikuchi and Stephanie Landa - Americans for Safe Access, 2003
Detailed account of the events leading up to the arrest of Gage, Kikuchi and Landa in 2002, including statements about Gage's personal motivation: "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 article includes a letter from Gage's sister, Tammy Varney, on Kevin's behalf. (Note: Tammy lost her battle with cancer in 2004.)

Kevin Gage Writes - Hemp Evolution, August 3, 2002
An open letter from Gage testifying to the benefits of medicinal marijuana for people suffering from severe chronic pain. Describes his arrest in January, 2002, along with other proponents of the medical marijuana bill, and subsequent sentencing to 41 months in prison.

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