The thought of possibly spending close to 100 years in prison terrifies Kyle Catlin.
But he’s mostly concerned about his mom. She’s not in the best of health. If something were to happen to her, “I may not even be allowed to leave prison to go to my mom’s funeral, and that’s super fucked up,” he says. “I’m probably not gonna see her, except for behind glass for the rest of my life. It hurts so much to think about that I try not to think about it and move on with my day.”
The 27-year-old is facing 10-plus felony charges, including marijuana possession and sale, attempted production, and possession of drug paraphernalia. He has two separate cases with different accusations under his name.
Catlin, a medical marijuana patient and certified caregiver, swears his actions more than three years ago are protected by the law.
It’s ironic, really. Catlin was involved in the movement that pushed to pass the Arizona Medical Marijuana Act in 2010. He spent his early days of advocacy with the National Organization for the Reform of Marijuana Laws, educating cardholders on the statute to ensure they were compliant. Now, he’s trapped in the law’s loopholes and confusing wording.
“I spent a lot of time trying to get this to pass, and I didn’t do it so I could break the law and go to prison,” he says. “It was, obviously, never my intention.”
His first trial is scheduled for October, and the second begins in December. If he’s convicted in case one, he’ll go into case two with convictions on his record, which, if convicted of any charges, would only increase his years behind bars. Already on lawyer number five, Catlin might be losing faith.
The South Tucson native looks back at all the plans he had for his life. After a short stay in military school, Catlin wanted to become a firefighter or EMT—anything that involved being helpful to his community. He can’t do much while on pre-trial, because no one will hire him over the pending felony charges.
“I told my new attorney, ‘Here’s a plea deal I would take: 100,000 hours of community service as a search and rescue person,’ at least I would be doing something I am good at, helping people, volunteer work,” he says. “That is a lifetime sentence of serving. It would be a lot more progressive than putting me in prison.”
Case One
The MMJ Act was approved by voters in 2010, but it took two years for dispensaries to pop up. Qualifying patients were left with the options to either cultivate their medicine (the law allows for 12 plants per patient), or find so-called “compassion clubs” of independent medical weed dealers that could provide them with their medicine.
At the time, Catlin knew a few people who needed both help and a space to grow. After getting his MMJ card for chronic pain, Catlin went through the process of also becoming a medical marijuana caregiver. By law, caregivers can purchase, transport and grow medical cannabis in limited quantities for up to five patients, as long as they are registered with the state, comply with the MMJ law and pay taxes, according to the Arizona Medical Cannabis Association.
Catlin got a house near Fourth Avenue, where 15 people began to cultivate their 12 plants each (totaling roughly 150 plants). Via word-of-mouth, more and more patients got a hold of Catlin, so he rented a bigger house on Grant Road to handle the traffic. “I started up a little healing center,” he says. He’d deliver to those who were very ill, and says he even donated weed to some patients.
In April 2012, Catlin was pulled over by Tucson Police officers, allegedly for speeding. What really happened, according to Catlin, is a young man had gotten in trouble earlier over having some weed, and he told the cops he had gotten it from Catlin. The police officers interrogated Catlin, and he ended up showing them the two ounces of weed he carried in his backpack (law says you can carry up to 2.5 ounces), and his medical marijuana card. “At some point I asked ‘Am I under arrest?'” he says.
“I heard a police officer lie and say that I had said that there were more (marijuana) jars at my house, when I was never asked anything about marijuana at my house,” he says. The cops searched his pockets and found two cell phones and cash, which they saw as sufficient probable cause to search his home.
They found 147 marijuana plants, weed in jars and a gun in Catlin’s safe. Overnight, he was charged with four felonies: possession of weed for sale, attempt production, possession of drug paraphernalia and possession of a deadly weapon during the “commission of a drug offense.”
According to the indictment document, law enforcement found more than two pounds, but less than four pounds of weed for each cultivation, production and possession, roughly adding up to 15 years if given the maximum sentence. Marijuana paraphernalia would be at least four months but no more than two years. A grand total of close to 20 years in prison if given the max, according to the marijuana advocacy group NORML.
In this case, Catlin doesn’t have any prior convictions, but that still means he could face the minimum sentence for each felony if convicted, because in the 1980’s Congress made such sentencing for drug offenses mandatory.
“It was one of the very popular ‘tough on crime’ measures,” says Caroline Isaacs, program director of the American Friends Service Committee, a Tucson-based advocacy group for incarcerated people. “Primarily because the federal government offered money to the states that would enact that. Most states do some fort of minimum sentencing, but primarily they apply it to only serious and violent crimes, whereas in Arizona, we apply it across the board.”
In Arizona, according to 2010 figures by the Arizona Prosecuting Attorney’s Advisory Council, 2,343 of the state’s inmates are nonviolent, first offenders. Of that number, more than half in prison are labeled “drug traffickers.” In recent years, the Obama administration has expressed willingness to reform sentencing policies, especially when it comes to nonviolent drug crimes. In July, President Barack Obama commuted sentences for 46 nonviolent drug offenders, many whom could have spent the rest of their lives in prison.
“Marijuana has always been a huge job for law enforcement. They have made a lot of money from it. …” Catlin says.
Case Two
A few months into pre-trial for case one, Catlin’s home was searched again.
The investigators overseeing the case found recent information about his healing center— Arizona Medical Marijuana Caregivers—online, and that’s how they justified another search warrant. (It was a site with tons of reviews about the weed Catlin sold and his services, as well as customer testimonials. They were all good reviews, he says.)
“They destroyed my house, ripping posters down, and breaking glass water pipes all over the house,” he says. Catlin was pinned with 10 felonies. (At least three were dropped, according to his attorney, Brick Storts.)
Among them, “illegally conducting an enterprise that sold and/or possessed for sale amounts of marijuana and cannabis … to customers,” the indictment says. It lists Catlin as the boss, who employed an “associate” to deliver marijuana, and “arranged appointments between the runner and customer for the purpose of selling marijuana.” There was also another charge for possession of marijuana for sale, possession of drug paraphernalia, and conspiracy to possess and sell.
“Here I am trying to prove that what I am doing is legal, and I’m getting in trouble. I’m not doing anything illegal, but it appears to (the judge) that I am,” he says.
The trial for case one begins on Oct. 13. If he’s found guilty of all or any charge, he’ll face trial two with previous convictions.
“The problem with some law enforcement is that they don’t really know the (medical marijuana) law,” Catlin says. “People get arrested and they leave it up for the courts to figure out. The law was made so that no more people got arrested. (The state) is trying to undermine the medical marijuana system.”
The Defense
The medical marijuana law has a section called Affirmative Defense, which pretty much means that if you prove the marijuana possession, use, cultivation etc., falls within medical boundaries—and as long as you follow other guidelines, such as being in possession of the legal amount of weed, or growing marijuana in a “contained, enclosed facility”—all or some charges can be dropped.
That’s what Catlin is trying to prove.
A paragraph of the medical marijuana law reads, “The qualifying patient and the qualifying patient’s designated caregiver were engaged in the acquisition, possession, cultivation, manufacture, use or transportation of marijuana, paraphernalia or both, relating to the administration of marijuana solely to treat or alleviate the qualifying patient’s medical debilitating condition … or (its) symptoms …”
Catlin says the weed, the cultivation, the paraphernalia were all for his and the other patients’ medicinal purposes.
In a defense letter he wrote to the court, Catlin says that his acquisition, possession, cultivation, manufacturing, transportation and marijuana paraphernalia were there to treat, alleviate “mine and other qualifying patient’s debilitating medical conditions or symptoms associated …” Also, he had a system where everyone got carded, and he made sure no one got more than 2.5 ounces of weed every 14 days.
He argues, as a patient he has the right to grow 12 plants, so he did. The rest belonged to the other 15 patients. He says that several of his lawyers have asked him to hand over the names of those 15 people, so that at least the 147 marijuana plants aren’t all tagged with his name. But Catlin isn’t willing, unless he’s promised those people won’t get charged with anything. But, he says, if the prosecutors wanted to get a hold of them that bad, their names and contact information are in his computer, which they confiscated at the time of his arrest.
Then there’s the amount of weed he’s being charged with, which he says is inaccurate because prosecutors are counting stems, leaves, and other un-useable parts of the plant. Useable marijuana is the flower that’s been dried out.
Arizona v. Matlock
In May of this year, the Arizona Court of Appeals Division Two overturned a ruling from July 2014 by Pima County Superior Court Judge Richard Fields, which stated that medical marijuana patients are allowed to provide each other with weed, per the state’s medical marijuana law.
Back when he issued the ruling, Fields said a section of the marijuana law says patients can’t be prosecuted for providing each other with weed, as long as “nothing of value” is exchanged in return. Another section says that a patient’s card can be revoked if the patient gives a non-cardholder weed, which he interpreted as, cardholders can provide marijuana to other cardholders. He also argued that the 59-word provision contained no commas, so under state law that meant the section was ambiguous, and could be interpreted in several ways. When a law, or portion of a law, is ambiguous, the court must be lenient with the defendant. Basically, the wording was so confusing, a person couldn’t know if he or she was breaking the law, if he indeed broke it.
The Fields ruling helped dismiss a case against Tucson resident Jeremy Allen Matlock, who was caught placing ads on Craigslist offering medical marijuana in exchange for a small donation of $25 per plant.
The Court of Appeals said allowing patient-to-patient transactions would green light sale enterprises. Their decision also came down to a different interpretation of the wording (and the grammar), similar to what Fields cited in his ruling.
With the Fields case overturned, Matlock is facing prosecution again. An appeal to the Arizona Supreme Court is pending.
Storts says that if the Arizona Supreme Court overturns the Appeals Court’s decision, then Catlin has “a really good chance.” Ideally, Storts would like Catlin’s trials to be rescheduled, while the Matlock case plays out in the Supreme Court.
“Kyle is in a difficult position,” Storts says. “If (the Appeals Court ruling) stands, you have to trial this as ‘jury nullification,’ in other words saying ‘OK folks, he did it but this law is ridiculous and you don’t want to sentence anybody to prison for a long time.'”
Killing Time
Catlin’s been spending his days renovating his grandparents’ home in South Tucson. “That’s where I lived after I was born,” he says.
The other half of his time is spent writing document after document detailing his defense. He even has a white board filled up with legal definitions, state statutes—he’s ready to fight hard, even though at times he isn’t too hopeful about the outcome.
When trial begins, his only request is to have a jury that’s well educated on the medical marijuana law. He says his previous attorneys were careless, and screwed a lot of things up throughout the process because of their unfamiliarity with the statute, and he doesn’t want to keep risking it.
“My emotions are a roller coaster, I feel really good sometimes, because I figured some more things out that I want to bring to my lawyer that will help my case,” he says. “I know I didn’t break the law, so I am always really positive and hopeful, but I get disgruntled when I go into court and the judge doesn’t want to hear anything. It all makes me think a lot about my family. I have always been around my family. They are an awesome support structure.”
This article appears in Sep 10-16, 2015.
If your only allowed 12 plants that is all you should have, growing for the other guy should be a no-no.
This really sucks! This case is the ‘poster child’ for legalization.
i was growing cannabis with a mmj card with growing rights that i paid money to the state to have before dispensarys were open,,, i was in complete compliance,,,, the police came to my house because of a domestic with my wife and made me pull my plants, i filed a lawsuit and now they are trying to say the police were right because it is against federal law,,,,, ???????,,,,,,, what kind of catch 22 bullshit is this ???????
read the article paulaz !!!
“The problem with some law enforcement is that they don’t really know the (medical marijuana) law” …
On the contrary, the cops “know the law” perfectly well; that’s why they, and the prosecutors, and the judges, are so good at subverting and violating it.
The problem is “Protect and Serve” has become “Exploit, Control and Suppress”.
“rape and pilliage” !!!!
I suspect anyone with half a critical mind understands the true narrative.
Big Pharma and Big Alcohol (and Big Fiber, but that’s another letter) won’t tolerate competition from an inexpensive, organic, zero-side effects, home-grown herb. These multi-billion dollar industries that subsidize campaign costs for their nominees (In the words Boss Tweed, “I don’t care who does the electing, as long as I do the nominating.”) get a multiple return on their investment: laws to lock up at taxpayer expense, for non-violent “crimes,” the likes of Kyle Catlin.
You get what you subsidize. In this case, over-priced, if not gouging pharmaceuticals with grotesque side-effects, in many instances not worth the cure. And as for the neuron-destroying ethyl molecule, the less said the better.
By legislative policy (and we know who tells legislators what laws to enact) Catlin’s otherwise innocent, benevolent actions are criminalized.
As we all know, the law can easily be turned into a _political weapon_. Well Catlin just got in its crosshairs. And the vast law enforcement bureaucracy, as intended, juggernauts merrily away. The well meaning, but sadly misguided, “low-hanging-fruit-arresters,” law Nazis (oops! “Godwin slip”) that seem to exist in just about every police department and the “should-know-better-after-seven-years-of-college” careerists in the office of the District Attorney just “follow orders”… Where have we heard that phrase before?
What a waste of taxpayer resources.
Be well.
I agree with the first post in regard to being responsible for others grows and what they do with it. If a person wants to grow for 15 others in a collective garden. So now you have 15 others and friend in the grow area. It would be impossible to monitor and control product. When you climb into bed with LEO you better know where the bathroom and exits are. While I don’t think prosecuting this young man is in community interests it is in LEO’s view. And then so will go all the pseudo intellectual thinkers that are under the belief if they licence and tax they can sit at the same table of respect as LEO. All Marijuana users are fresh meat Arizona has always made Marijuana all you needed was an Arizona tax stamp but none were available since 1937 since the Harry Anslinger days and the beginning of the BNDD predates the DEA. However we have dispensaries that will dine at the LEO Table and think they have a place LMFAO.
Is it anyone’s wonder why the AZDHS don’t run a compliance officer of grows take sample for intoxicants run air samples basically do what the County Health Department does on food service. I would like to see the State keep records of Azadirachtin poisoning from NEEM oil for bugs. There are a host of other contaminates used in agriculture that should never be used as a consumable like Boron and trace minerals. And I don’t see the Marijuana control board doing anything about it till the favorite child changes his grow and turns in the others. Which is most likely what happened in Caitlin case another Dispensary turned him in to get product confiscated and limited product to market. It would be a home run for anything blooming in the desert.
These idiots would jail leaders like George Washington and Thomas Jefferson for doing what they did at Mount Vernon and Monticello. Not only would George and Thomas be in jail today for long sentences they would have forfeited both Mount Vernon and Monticello to the government under the RICO act. Both Jefferson and Washington traded seeds and plants with other farmers on a regular basis. Jefferson wrote of receiving hemp seedlings from someone in Missouri, and it would have been only neighborly to send some Virginia seedlings back. Chances are good that Washington did the same. Couple this with the fact that the two men tried to sell their hemp crops and we’re obliged to conclude: Washington and Jefferson weren’t merely marijuana farmers, they were marijuana dealers. In his diary for August 7, 1765, Washington writes, “Began to separate the Male from the Female hemp … rather too late.” Female marijuana plants are the ones that contain enough THC to be worth smoking. Jefferson in his Farm Book wrote that a female plant would produce a quart of seed, and a bushel of seed was enough to plant an acre. Blatant racism and monetary greed were behind preventing farmers to grow one of the most incredibly versatile plants on the planet. Chemically polluted streams, deforestation, and overuse of insecticides and herbicides were what the American people received from those who outlawed this plant. It is time for Arizonans to use jury nullification to overcome Caitlin’s problems.
The law clearly states 2.5 ounces AND 12 plants. 36-2801. Definitions
(Caution: 1998 Prop. 105 applies)
In this chapter, unless the context otherwise requires:
1. “Allowable amount of marijuana”
(a) With respect to a qualifying patient, the “allowable amount of marijuana” means:
(i) Two-and-one-half ounces of usable marijuana; and
(ii) If the qualifying patient’s registry identification card states that the qualifying patient is authorized to cultivate marijuana, twelve marijuana plants
There are court records in other cases proving that a single outdoor plant in a 400 gal container can easily yield 20 lbs. https://www.youtube.com/watch?v=lkgmrQicXKw
Kyle Caitlin is a great person all around when they say give you the shirt off his back kinda guy that describes him perfectly he is even nice to people who have been very unfair to him I know him well and this man spending even a day in jail is a total disgrace the system is very screwy putting good people in prison and letting the real criminals run free much love to all his supporters hope to see you all at the trial
have you started a defense fund? As a holder of an MMC card, I and many others would be willing to donate to your defense fund,
I would donate top his legal defense in this situation. He had 15 other people he was growing for so that makes the180 plants legal if that is the number of patients he had to take care of, 12 plants per person by the law. Where is the health departments stand on this????????
He heard the police officer “lie” and say there was marijuana in jars at his home. The “psychic” police then found marijuana in jars at his home.
I know the officer. His name is Shawn Spencer. He and his partner, Burton Guster, would never lie. Although, Burton, or “Gus” to his friends, can do a mean Michael Jackson impression.
Hi Everyone, Thanks for ll the great responses, I understand there’s a lot of Questions. I can help clarify any you may have 🙂
For the first comment from PaulAZ, if the state did not want people sharing grows they would have said so in the law, instead they left “36-2801.6. Definitions Enclosed, locked facility, means a closet, room, greenhouse or other enclosed area equipped with locks or other security devices that permit access only by a cardholder.” Notice that it states cardholder, “36-2801.2. Cardholder, means a qualifying patient, a designated caregiver or a nonprofit medical marijuana dispensary agent who has been issued and possesses a valid registry identification card.” If you noticed it does not state that the plants can only be accessible to the cardholder.
Bernice Penn, and DefenseforKyle, I don’t have an account set up for it but can speak with Brick Storts about a fund incase we have to file for appeal.
Also Jed Bonnuduci the officers names are Officer Allen and Officer Droban, I hope your friends didn’t lie to you about that. Neither Shawn Spencer or Burton Guster were involved that night nor can I find info stating that they were ever involved.
Any other questions and or misinformation just ask it on here and I will help 🙂 Thank You All for supporting your local newspaper and Thanks to those that support me 🙂
Jury nullification occurs when a jury returns a verdict of “Not Guilty” despite its belief that the defendant is guilty of the violation charged. The jury in effect nullifies a law that it believes is either immoral or wrongly applied to the defendant whose fate they are charged with deciding.
Google it.
https://www.google.com/search?q=jury%20nullification…
Good luck brother. I’m praying for you and you know the support is there! I’ve known this family for many years and Kyle is legit. This is another last ditch effort on the state before 2016’s signatures turn us into a legal use state. Obama is overturning long running drug convictions (with 18+ months left) because of the leniency that is now associated with medical and recreational marijuana. It makes me sad that we still waste tax dollars on useless charges trumped up in a situation where everyone but the state was benefiting (excluding the fact Kyle paid taxes). Godspeed brother. #fightforkyle
The law is unfair, he was unjustly harassed. He has a toddler daughter that may someday need him and a relationship behind bars is nothing to be desired.
Arizona Medical Marijuana Act. Card Holders are Being VIOLATED by The State of Arizona. The Media’s Presence and COURT SUPPORT IS NEEDED for the Arizona Medical Marijuana Act.
Arizona Superior Court in Pima County 110 W Congress St, Tucson, AZ 85701 (520) 724-4200
Trial for Case 1 is set for 4 Days
Case: CR20121707
Judge: CHON-LOPEZ, JAVIER
Room: 478
Date: Tuesday, October 13, 2015
Time: 1:30 pm Day 1 of 4
Date: Wednesday, October 14, 2015
Time: 10:30 am Day 2 of 4
Date: Thursday, October 15, 2015
Time: 10:30 am Day 3 of 4
Date: Friday, October 16, 2015
Time: 10:30 am Day 4 of 4
http://www.tucsonweekly.com/tucson/in-defense-of-marijuana/Content?oid=5915630
I find this amazing but also expected. As an advocate and driver for several years in Colorado, I now am in AZ and becoming up to speed and active here. Many of these things have been fought and resolved in CO with similar issues but different exact laws. The argument in court premise is the same.
I find the law basis here and set up very odd and in need of work. The legalization efforts are good but the medical still needs to get cleaned up as even legal will not fix the need for a good medical system and access need. The entire co-op and group grow thing as well as what CO tries with “Seed to sale” and plant tagging are absurd ways to get what should be “wholesale commercial grows” or “true individual grow needs” of a simple plant.
Some thoughts:
You may also want to consider that this is Medical Marijuana and the folks who were in this grow with you have HIPAA Rights. You could and should have set up and based your files on that. The firearm is an issue if there was ammunition regardless of the safe if the Feds are pressing any charges and they can press that for plea. No one should ever have a loaded firearm anywhere near marijuana as long as the “war on drugs” continues. There are some great resources in CO and WA that you may want to reach out to as AZ legal resources are weak. Rob Corey an attorney there or Michelle Lemay of Cannabis U can be of help with your plight I would bet or refer you to others here they know.
Good luck.
What happened in your first trial?
In case 1 and 2, The Court denied Kyle’s rights to the AMMA with out ever even charging him with a violation of the AMMA. An Appellate Court Judge Ruled in some case, that if you violate the AMMA in any way, you are no longer covered by it.
The Judge Violated the Voters Rights in this Ruling. “No where in the AMMA” is that even insinuated.
In case 1 he was sentenced to 2 years. An Appeal has been filed.
Case 2 he was sentenced to 4 years. A Clemency Motion has been filed and approved. the Application was also filed.
Kalvin Got Probation.
Kyle would like a letter from Friends of Cannabis, so he can have your address. He would like to write you. He would also like to put you on his phone list. Please go to the web site and apply for phone approval. Marana Community Correctional Facility Kyle Leslie Catlin 307334-F76 12610 W. Silverbell Rd. Marana, AZ. 85653 corrections.az.gov/inmate-visitation-appli…
Kyle Catlin got his letter from the Arizona Board of Executive Clemency.
His Hearing is on May 18th 2016.
This is the link to the information needed to write Letters to the Board. https://boec.az.gov/
Please call them to insure we are getting the Correct Information about Letters.
His Attorney Brick Storts has a Trial on the 18th. so he is going to see if the Hearing date can be changed to a later date allowing Citizen more time to show support for the Sentence Reduction of Kyle Leslie Catlin 307334.
Do a search, so you will be more informed about Kyles situation. https://corrections.az.gov/public-resource…
Kyle is asking for a 2 year sentence reduction. however My belief is a Full Pardon is more appropriate.
Please Like and Share this, so he can be FREE from the injustices that he has suffered.
#freekylecatlin
Arizona Board of Executive Clemency
1645 West Jefferson, Suite 101
Phoenix, Arizona 85007
Phone: (602) 542-5656
Fax: (602) 542-5680
Call them and ask What a Letter should consist of, Who to send it to and when to send it.
Please say a prayer for Kyle, His Uncle Larry Catlin and all the other caged up Humans, “who were harming no one”.
https://www.facebook.com/events/2487175188…