Six more arraigned in Oakland edible raid

[palmspringsbum]

Six more arraigned in DEA raid on Oakland medical marijuana edible producers

www.indybay.org
by Kris Hermes Friday, Mar. 31, 2006 at 1:24 PM
kris@safeaccessnow.org

<blockquote>Six defendants appeared in U.S. District Court in Oakland today, arraigned on charges stemming from DEA raids on March 16, 2006, at multiple medical marijuana edible facilities located in Oakland and Emeryville, CA.</blockquote>

Oakland (3/31/06) - Six defendants appeared in U.S. District Court in Oakland today, arraigned on charges stemming from DEA raids on March 16, 2006, at multiple grow locations in Oakland and Emeryville, CA. The cultivation, which the feds allege at over 10,000 plants, was being used to produce medical marijuana edibles, under the organizational name, "Beyond Bomb." Edibles produced by this organization are available at many California medical marijuana dispensaries. These six defendants, still incarcerated, are part of a larger group of twelve defendants currently charged with the same alleged crimes.

All six defendants pleaded not guilty today to conspiracy to manufacture and distribute more than 1,000 plants (from the period May 2005 to March 2006), as well as possession and manufacturing with intent to distribute (for the 3/16/06 interdiction). The presiding judge, Wayne Brazil, informed the defendants that they faced a mandatory minimum sentence (if found guilty) of 10 years with the possibility of life in prison. Brazil also raised the possibility of fines as high as $4 million. The case is being transfered to Judge D. Lowell Jensen, and a status hearing is scheduled in his courtroom for 9am on April 21, 2006. The Assistant U.S. Attorney prosecuting the case will be Dana Wagner.

To give the government time to respond to a request for discovery, the defendants waived their right to a speedy trial (within 70 days of arraignment) only up until their April 21 court appearance. The government indicated that for as many as five of the six defendants still incarcerated, if they were released on bail pending trial, U.S. Citizenship and Immigration Services (aka INS) would seek custody of them (most likely for the purpose of deportation). None of these five defendants have had a detention hearing to determine their eligibility for release on bail.

The sixth defendant, Kenneth Dean Affolter, who is accused by the government of leading the operation, did have a detention hearing today, in addition to his arraignment, but was ultimately denied bail. Brazil stated his "lack of confidence," due to insufficient collateral or sureties as the reason for not releasing Affolter. Brazil did suggest that he would release Affolter if he were able to produce a surety that would cover the $100,000 bail that was previously set.

As the head count rises in the federal government's war against medical marijuana, the government continues to deny its blatant attacks on patients and providers. This case is yet another example of the lives the government is about to ruin, simply to make some (im)moral point. Please see the following ASA web page for a list of those still facing prosecution or appealing their conviction: http://www.safeaccessnow.org/article.php?list=type&type=184.

[palmspringsbum]

Guilty plea in pot-candy case
Henry K. Lee, Chronicle Staff Writer

Tuesday, September 26, 2006
The San Francisco Chronicle


(09-26) 15:00 PDT OAKLAND -- The alleged ringleader of an Oakland group that made marijuana-laced candy and soft drinks resembling popular goodies pleaded guilty today and has agreed to serve 70 months in prison, authorities said.

Kenneth Affolter, 39, of Lafayette, admitted that he operated Beyond Bomb and mad ea range of pot-laced treats with names like Buddahfingers, Munchy Way, Rasta Reece's and Puff-a-Mint Pattie, authorities said.

At a hearing in Oakland, Affolter, whose nickname is "Kena,"pleaded guilty before U.S. District Judge D. Lowell Jensen to a single count of conspiring to manufacture and distribute marijuana.

Four of Mr. Affolter's former employees and co-defendants also entered guilty pleas today before Jensen.

Amy Teresa Arata of Oakland and Jesse Monko of Walnut Creek both admitted to performing supervisory roles in Affolter's marijuana facilities. Eachpleaded guilty to felony conspiracy counts and agreed to serve 18-month prison terms.

Jaime Alvarez-Lopez and Elizabeth Ramirez, both citizens of Mexico, pleaded guilty to misdemeanor marijuana offenses and each agreed to serve a year in prison.

Beyond Bomb operated from adjoining warehouses at 1055 and 1071 Yerba Buena Ave. and 3960 Adeline St. in Emeryville, William Armstrong, a special agent for the Drug Enforcement Administration, wrote in an affidavit.

In March, drug agents searched thewarehouseswhere the marijuana candy was produced, a warehouse on Adeline Street, Affolter's Lafayette home and 1740 Telegraph Ave. in Oakland.

Medical marijuana advocates say the treats are legal under state law and are designed for sick patients who rely on cannabis to ease their symptoms. DEA officials operate under federal law, which deems marijuana in any form to be illegal.

E-mail Henry K. Lee at hlee@sfchronicle.com.

[palmspringsbum]

Article Last Updated: 9/26/2006 04:59 PM

Guilty pleas in pot snacks case

By Josh Richman, STAFF WRITER
Inside Bay Area

A Lafayette man pleaded guilty Tuesday to making marijuana products that looked like popular candy and soda brands, accepting almost six years behind bars.

Kenneth Affolter, 39, admitted he controlled and managed several marijuana-growing sites in Emeryville and Oakland where plants were grown and turned into edible products such as "Munchy Way" candy bars, designed to look like Mars Inc.'s Milky Way bars; "Pot Tarts," designed to look like Kellogg's Pop Tarts; and "Trippy" peanut butter, designed to look like Unilever's Skippy product.

The products were distributed to medical marijuana dispensaries across several Western states; patients say Affolter's "Beyond Bomb" line of products were appetizing ways of taking their medicine. Medical use of marijuana is legal under California law but remains banned by federal law.

Affolter also admitted his 11 co-defendants in the U.S. Drug Enforcement Administration case were his employees in this operation. Four of them pleaded guilty Tuesday, too: Amy Teresa Arata of Oakland and Jesse Monko of Walnut Creek pleaded to felony conspiracy counts and agreed to serve 18-month prison terms, while Mexican nationals Jaime Alvarez-Lopez and Elizabeth Ramirez pleaded to misdemeanor marijuana crimes and accepted one-year prison terms.

Affolter pleaded guilty to a single count of conspiracy to manufacture and distribute marijuana, and agreed to serve a five-year, 10-month federal prison term.

"While real candy may give you cavities, these individuals know that marijuana candy can get you jail time," DEA Special Agent in Charge Javier Pena quipped in a news release.

Affolter first was indicted by a federal grand jury in March on charges of conspiracy and manufacturing and distributing marijuana after DEA agents raided his home and production facilities, seizing marijuana plants and products, more than $150,000 in cash and several firearms. A witness-tampering charge was added in June.

Affolter and Alvarez-Lopez are scheduled to be sentenced Dec. 15 by Senior U.S. District Judge D. Lowell Jensen of Oakland. Arata, Monko and Ramirez are scheduled for Jan. 5 before Jensen. All of the proposed prison terms are part of plea agreements still subject to Jensen's approval.


Contact Josh Richman at jrichman@angnewspapers.com.