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 Tracy Ingle: Another Drug War Outrage; from Reason Magazine (US), 5/7/08 |
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Tracy Ingle: Another Drug War Outrage; from Reason Magazine (US), 5/7/08 |
| Will Foster |  |
93 years - Marijuana Conspiracy
I am a 38-year-old male who was sent to prison for exercising my constitutional right of Freedom of Choice, (we are free people right?). I was convicted for cultivation of marijuana, on January 16, 1997, in Tulsa Oklahoma and sentenced to serve 93 years in prison on your tax dollars. This is the first time I have ever been in trouble. I was a productive citizen of the United States for the last 20 years, I paid taxes and even served my country in the United States Army.
I used marijuana for medical purposes. I have crippling arthritis in my feet, hips, lower back and hands. I did not enjoy the side effects of the drugs my doctors prescribed for me, which were mostly codeine based narcotics. These drugs can be highly addictive if used over an extended amount of time. The prescribed drugs left me moody, tired, and edgy, making it very difficult to enjoy my family and to perform my job. I have had my own business for the past 8 years as a computer programmer/analyst. So I elected to medicate myself, which is allowed in the constitution under the FREEDOM OF CHOICE, in the 8th amendment addressing PAIN AND SUFFERING and in the 14th amendment in ALL PEOPLE SHALL BE TREATED EQUALLY.
Right now there are 8 people in the United States who are a part of the Compassionate Use Program. These people receive government grown marijuana on a monthly basis. Some of these people have the same condition as I do. I do not understand how these 8 people differ from others also in pain. I hold no ill feelings for these 8 people, only for the government who continues to discriminate against the rest of us.
I protected my children and my wife, in every respect. My children did not do without any item of which they needed, nor did they EVER SEE OR KNOW of my marijuana garden. I had my medical garden in an underground bomb shelter, with a corrugated steel door, of which only I had the key. If I was going to self medicate, then I would convene to my bedroom and behind closed doors, relieve my pain. We were a happy, typical family, who had a life, and had dreams. The Tulsa Police Department, however had different ideas.
The Tulsa Police Department. and the Special Investigation Division (SID) entered our home on December 28, 1995 on a "John Doe" search warrant, looking for methamphetamine. They found no methamphetamine or any evidence that it had ever existed, they did however find my medical marijuana garden . To make a short story of it, the affiant, who is a sworn Tulsa Police Officer, stated that his affidavit was true, yet they found nothing listed on the search warrant. They found a total of $28.00 in cash. All of this transpired due to a "confidential informant."
During the trial, I was refused the right to face all of my accusers. The judge simply, refused to force the state to bring forth this so called, confidential informant - a direct violation of my constitutional right. During the 2 years it has taken to get this to a trial, the police department has had an "itch!" when it came to my case. You must understand, that almost everyone else in Tulsa County, ever busted for possession or cultivation, has "taken a deal." To take the issue to a jury trial was simply unheard of, and so, in October of 1996, when the District Attorney and the Special Investigations Division, found out that I had no intention of "taking the deal," they decided to "put the pressure" on.
On October 22, 1996 I was leaving my home, (a different residence by this time, my wife simply could not take living in the house where they had violated us). I had pulled into a gas station to fill up my car, when a Tulsa police officer pulled in behind me. Upon exiting his vehicle he called me by name, and insisted on seeing my driver license and insurance form. He stated that I had failed to signal from my residential street onto the main street. He then proceeded to search my person and my vehicle. When I questioned this, he stated that "he knew I had marijuana" either on me or in the car. He also phoned in on his cellular phone, to the same officers who had arrested me in December 1995. They had an amazingly good response time, less than one minute. They found NO MARIJUANA on my person or in my car, yet they still arrested me for failure to signal.
I was detained in the County jail from 10:10 am until 9:00 pm without having any charges brought against me. During the time I was sitting there, my wife found out where I was and came down with my sister in law and posted bail on the traffic violation. They still DID NOT RELEASE ME. They did however manage to get yet another search warrant for our home, and while NO ONE WAS THERE, searched the premises. They claimed on the affidavit for this warrant, that even though they had found no marijuana, I had "the odor" of marijuana about me, therefore granting them access to a warrant.
The same police officers, who had searched our home in December 1995, took my house keys from me and granted themselves entry to our home prior to the search warrant ever being signed by a judge. They then claimed to have found marijuana, however I know this is all a false claim, I NEVER KEPT marijuana in my home after the bust of December 1995. I guess, considering the fact that no one was in the house except for them, they could have found whatever they wanted, do you understand? They needed to insure that the additional charges would deter me from having an actual jury trial - but they thought wrong. In the course of all of this injustice, the District Attorney's advice was decided against, pressing the additional charges. I believe he was doubtful of their authenticity. What has happened to our 4th amendment right, of "UNLAWFUL SEARCH AND SEIZURE?"
Now, I am in prison at the expense of all of you good people. And why? Because, 12 people decided that smoking and/or growing marijuana is more harmful than murder. That is what it really comes down to. My sentence is longer than they give murderers, rapists and child molesters. Since I have been incarcerated I have received NO MEDICAL TREATMENT whatsoever. I risk the loss of my left leg, from the knee down. Is this how it was meant to be? Did I not serve this country faithfully when she needed me? And now that I need her, where is she? Hiding behind the skirts of "law and order"?
Disheartened is an understatement. I am lost. Lost in a system, that just doesn't give a damn. Lost from my family and friends, and for what purpose? Because I chose a clean and safe medicine. Because I chose not to become an addict to the pharmaceutical companies. Because I exercised my freedom of choice.
Upon research, I have found out that over 60% of the people in the same private prison in which I now sit, are non-violent offenders. This is costing the tax payers about 8 billion dollars a year. Before I was sent to Texas, our governor of Oklahoma took 14.2 million dollars from the state educational fund and paid off the debt owed to this facility.
Oklahoma is the 3rd largest incarcerator of people and we are 47th in children's education, in the United States. We spend over a billion dollars a year on out of state prisons. I am tired of the injustice being inflicted upon the people who are in pain and suffering. This is not what our country was based on. It is time for a change in our state and in our nation. Take a long look at the government, and police and you will see. This is not what our founding fathers wanted. This is still a country of BY THE PEOPLE AND FOR THE PEOPLE! It is our government to do with as we choose. It is time to take control of our own destiny. If we don't, than it will be a time of death for America as we know it to be. I hope that I have touched some of you, I hope that you will remember me, and my family.
Once upon a time, I believed in America and what she stood for, once upon a time I had life, liberty and the pursuit of happiness. Help to put an end to this travesty. Don't make me a martyr for nothing.
Peace to all.
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