(03-27) 18:27 PDT OAKLAND -- The owner of an Oakland factory that produced marijuana candy with names like Buddafinga and Mr. Greenbud has pleaded guilty to conspiring to manufacture and distribute marijuana, authorities said today. Michael Martin, 33, of El Sobrante entered a guilty plea at a hearing Wednesday in U.S. District Court in Oakland. He is scheduled to be sentenced July 2 by Judge Claudia Wilken. Martin is the owner of Tainted Inc., which started as a boutique business that made chocolate truffles and grew into a large marijuana-candy maker that bought chocolate by the ton, authorities said. Tainted employee Jessica Sanders has been charged with illegally using a phone to distribute marijuana, a felony, while employees Michael Anderson and Diallo McLinn - the son of longtime Berkeley peace activist Osha Neumann of Berkeley - were each charged with a misdemeanor count of marijuana possession. Authorities said Tainted made candies with names that played off popular legal treats: Buddafinga, Mr. Greenbud, Stoners. The business also made pot-laced items such as cookies, ice cream, peanut butter, granola bars and barbecue sauce, according to the Drug Enforcement Administration. When the federal government charged Tainted Inc.'s owner and employees in September, authorities said the company supplied the marijuana-laced candies to cannabis clubs in the Bay Area, Los Angeles, Seattle, Vancouver, British Columbia, and Amsterdam. Before surrendering to face the charges in October, Martin blasted the U.S. government for what he called an unfair attack by federal bullies on ailing patients who rely on medical marijuana. Martin said he joined the medical-marijuana movement after seeing his father die painfully of prostate cancer in 2002 after a 10-year battle. His father refused to use marijuana because of a federal ban on all types of the drug. Martin said he uses medical marijuana to ease pain after a fall left him with seven screws and a steel plate in his left heel. He said he also has degenerative cartilage in his right knee. In September, federal agents raided his factory on the 900 block of 61st Street in North Oakland and a building on the 300 block of 40th Street where marijuana was grown. The investigation bears similarities to DEA raids in Oakland in 2006 in which five people connected with a company called Beyond Bomb were convicted of making marijuana-laced treats with names like Munchy Way, Rasta Reece's and Puff-a-Mint Pattie. In federal marijuana cases, defense attorneys are barred from telling jurors that companies supply medical cannabis products through licensed dispensaries to qualified patients. Proposition 215, the initiative approved in 1996 by state voters, legalized growing and using marijuana for medical purposes with a doctor's recommendation. Under federal law, marijuana used for any purpose is illegal. E-mail Henry K. Lee at hlee@sfchronicle.com.

The hearing was somber for myself and others close to me. Many activists showed out in support and I was grateful to see each and everyone. It was inspiring to know that the courtroom was filled with people that believe in medical cannabis and were willing to take time out of their day to come out in a show of support. I cannot express my gratitude enough in simple words. We appeared in front of the Honorable Judge Claudia Wilken and listened as the prosecution read off the "crime" that we had been accused of. It was somewhat amusing to hear the US Attorney say "Reefer's" but it was even more refreshing to hear him say "Compassion Medicinal Edibles." I was asked by the Judge explicitly if I understood the entire plea situation and the long list of questions that come with that process. They ask so firmly and directly that it almost seems as if they are trying to talk you out of it or something. I had made me decision and there was no question she could have asked that would have convinced me facing a mandatory ten year minimum for medicated edibles was a good idea. She asked me if I agreed to the charges being brought against me and if I was prepared to plead guilty to those charges. I simply replied, "With a heavy heart, I do." She accepted the plea and the hearing was over. I was instructed to report to the probation office to begin the interview process, as they will submit a report advising the court about my status in the community and their findings relating to my sentencing. As we left the courtroom, most of the entire courtroom followed us out and it was a moving moment for me, as it was just powerful by nature. Once again, words do not express my gratitude. I must say I do not understand the sentencing process completely, but I went over the paperwork with my attorneys in detail and finally was finished at 4:20 ironically enough. When I departed the building, my friend and fellow activist, Justin was sitting there to greet me, resolved not to leave, as he did not want me to walk out to noone waiting. My wife raced the kids home to get ready for the big baseball game. We are the Cardinals. I drove home thinking about what had just happened. I was glad that it was over for now and hoped that my stomach would quit feeling queasy soon enough. I got home. Put on my Cardinals jersey and raced to the ballpark to watch my young son get his first three hits and RBI of the season, as my team went on to our first victory of the season. As I coached 11 young kids I was nowhere near that courtroom or even thinking about what had transpired a few hours earlier. And as we gathered around third base chanting "2-4-6-8, Who Do We Apppreciate?" I understood why I had made the decision I did today and was glad that I had.

As I travel down a path of unknown conclusion and surrender my rights to the Federal Government in exchange for them not to sentence me to a decade in jail for my involvement with medical cannabis, I am sure that lady Justice Weeps with me today. I have been unable to sleep well and my anxiety level has reached an al time high. I am full of emotions that range from sad, to angry, to scared, to disappointed. I cannot explain what it feels like to someone that has never been in my situation. I feel betrayed by my country and abandoned by the universe. Not a day goes by that I do not think about my inevitabe fate. I try to understand how I have gotten to where I am. I search for answers and reason where there are none. I continue to see the world as a place that could be very wonderful, if we would let it. I still have faith in humanity and still believe that there is a thing called justice. It just seems to be very elusive at this moment in history. I am honored to be a part of a community that believes in standing up for human rights and striving to find compassion in a world of turmoil. I remain optimistic that from this overwhelmingly unfortunate circumstance that I will find reason and strength to build a stronger life for my family and I. I have hope that the future will learn from our experiences and that our brief moment in the history of the universe will become a learning experience in which society can grow. We remain resolute in the face of opression and believe very much that our actions were sound and valid. We believe in the end the court of public opinion will see the hypocrasy of our situation and that we will be exonerated for our so-called crimes. This movement has come a long way and we have been proud to watch the dedicated members of this community rise up and create awareness about cannabis therapeutics. We will be losing the battle, but may our plight serve as a stepping stone to win the war. The time is now and we are glad to represent the community in our struggle for justice and morality. We truly appreciate the hundreds of people who have reached out and showed their support for our plight. We are a nation of many and a community based in compassion and freedom. Lady Justice weeps today. I weep with her, but in the end may we find a path to justice and morality that will make us weep no more.

It pains me to have to accept a guilty plea, but on Wednesday I will be doing just that. Unable to speak freely about the medicinal nature of our products, the alternative is to face an uninformed and impartial jury that could sentence me to a ten year manditory minimum based on the Federal Government's deception surrounding cannabis as a medicine. I cannot gamble with raising my two children from prison for a decade over principle, so regretibly I will accept the plea offered to me and hope the judge sees the injustice of the situation. On Wednesday March 26th we will be resolving our case and accepting a plea deal from the US Attorney. We hope that supporters will show out for this , as it is the last big deal for us before sentencing. It is our first appearance in front of Judge Claudia Wilken and I think it is important to let her know that there is a community of patients and providers that demand justice. She will be responsible for the sentencing in our case and I believe it to be important that she understand that we are one of many being persecuted and denied our rights regarding cannabis as a medicine. What: Change of Plea When: Mar 26, 2008 from 02:30 pm to 03:30 pm Where: 1301 Clay St., Oakland CA (Judge Wilken's Courtroom) Contact Name: Mickey Martin Contact Email: freetainted@yahoo.com Contact Phone: 888-Taint-Me Please save the date, as we hope to make a strong showing for the Judge that will be responsible for our fate. We look forward to everyone joining us in a show of solidarity, as we continue our fight to protect patients and providers rights in medical cannabis states. Court will begin at 2:30 p.m. at 1301 Clay St. in Oakland. Please come out and let the world know that we will no longer stand for these injustices in our community. Thank you.

It is a strange time in history and as I continue to look more closely at what is happening with the movement I am not quite sure of what to make of all of the different groups, entities, individuals, and egos that have come to make up our community.  Where did all of this come from and why is it that we cannot seem to get over the petty bullshit and work well together?  Why is it that we cannot learn to come more closely together and work with each other to create real change?

It takes a lot of people to make a world and a lot of people to make a movement run effectively. There are resources that must be shared to create a stronger force for the common good and it is imperative that we begin to have a dialogue about how the collective energy of the many people can come together to make miracles happen.  We must begin developing more effective means of gathering, taking action, and supporting one another. We must begin to understand that we are only as good as our weakest point and that we must lift one another up and educate the many people in this movement to create a more unified and organized movement.

Progress is never easy.  It is going to take a lot of understanding and humility for many of the people to overcome obstacles and hurt feelings that are rampant throughout this community. We must learn to find places where we can agree to start to make a difference and press on in a more collective manner,  The voice of many rings much louder than the voice of a few.  That seems to be where our movement is now. Several groups of a few that sometimes are able to make enough noise to accomplish individual goals, but leave the bigger picture to be desired for all.

 I would hope that we can begin to find ourselves on a path of greatness through greater understanding of each others individual and mutual goals and desires. We must find a neutral ground in which to organize effectively and begin learning how we can all use our individual power for the greater good. Let me know if you have any ideas.

What can we learn from this Saint they called Patrick? We as a community also find ourselves in somewhat of captivity. Some of us literally, all of us figuratively. But I too hear a voice telling me we are almost ready to "go home." We must take action as Patrick did and flee our master and head for a port to find our ship to set sail. Yes. We as a community continue to allow the enslavement, but we must hear the voice of reason that tells us this tragedy must stop. We must learn to have the courage to end our enslavement and let our captors know that this will no longer stand. The economy is in a shambles, our nation is torn, and we continue to see valuable resources wasted on capturing and incarcerating medical cannabis patients and providers. Our children's' schools can no longer afford physical education or even books in some cases, but we continue to wage war on State rights to protect the huge profits of our nation's biggest corporations. The true definition of fascism is allowing the country to be taken over by corporate entities that put profits over the welfare and safety of its citizenry. This has been going on for years in this country and it has become blatantly enslaved to low wages, inferior support, and corrupt policy. More people continue to work harder for less money that ends up going into the pockets of these corporations that have us "enslaved" and dependent upon them for our survival. We must begin to set ourselves free. Cannabis is a wonderful medicine, but could also do a lot to heal the ailing economy, the dependence on oil, and the poisonous healthcare policies that continue to keep our country demoralized and in fear. We must begin to undo the years of misinformation about cannabis and educate the public on the immoral practices that have lead to this unfair and erroneous war on cannabis and drugs. We must free our prisoners from the clutches of tyranny and demand that our resources not be spent on imprisoning non-violent drug offenders, but be spent on uplifting society and educating our citizens to be a nation of well-informed and honest people. The corruption of this government has enslaved us for too long and on this St. Patrick's Day I call for us to take that 200 mile journey to a port to find our own boat to freedom. We must hear the voice of reason and decide we will no longer stand for immoral and unjust policy. Join me in my journey to freedom.

I arrived at the courthouse shortly after noon to find a group of close friends and family gathered around Dale and Molly. I did not want to interrupt, but was greeted by Dr. Mollie, as she took no time to introduce herself and I explained to her what was going on in my world briefly and expressed my sympathy and gratitude for their courage. She asked me why I had come, and I replied, "To support you guys." This answer is true on the surface, but underlying was my need to see the justice system in action to make a more informed decision about which direction I may go in my own case. Two birds with one stone. I was amazed at the calm and cool nature of both Dale and Mollie, as I discussed the tragedy of our legal system and tried to understand better what in the world our justice department was doing imprisoning a woman that could be my mother. In fact, in all of her struggles and mixed emotions, she took the time out of her life to straighten my tie and pin it to my shirt. I almost cried. Here was a mother of many children, a doctor, a community leader that was facing a harsh prison term of five years and she still was helping ME straighten MY tie. I was honored. I had never met Dale and Mollie previously, but have followed their case very closely. Tony Serra is also one of the attorneys working on our case and he has often expressed his frustration with our justice department regarding medical cannabis. He has stated that this case was tragic to him and that it has left him feeling like he has hit a brick wall with the whole medical marijuana debate and the federal court system. It must be frustrating to not be able to truly tell a story, as the courts do not allow for defendants to mention anything about medical cannabis in front of a jury. This is the struggle we also face, as our arms are twisted to take the government's offer and avoid the mandatory minimum injustice, that these two now face. I had to see it firsthand I guess to truly understand that, YES....OUR GOVERNMENT WILL THROW ALL LOGIC AND COMPASSION OUT THE WINDOW TO "UPHOLD" ERRONEOUS LAWS AND UNJUST SENTENCING GUIDELINES. I guess "mandatory" means just that...mandatory. I was amazed. I sat there tensely waiting for a miracle that did not come. I waited for the smug, bow-tied, and obviously conservative judge to reach deep down into his voice of reason, conscious, morality, or whatever you want to call it, and find a way to go against the grain for once in his life and make the RIGHT decision. The JUST decision. The MORAL decision. But sadly he did not. He sounded as if he could not. But it simple felt as if he WOULD not. He read aloud his decision, and although he made it seem as if he had no choice on the matter, his obvious disappointment in the defendants' decision to "soldier up" and not succumb to the government's wishes left me feeling as if he could have done something but simply let his disappointment get the best of him. He did release the two on bail awaiting appeal, for which I was grateful to at least see that there may be justice buried deep down there somewhere under all of that paperwork. He did tell the good doctor to not recommend medical cannabis and brought up some cases that he was concerned about regarding "questionable" recommendations she had written in the past. I asked myself, "When did the Judge and the Prosecutor get THEIR medical license?" But alas, the desire for freedom trumped what is right and Dr. Fry was forced to stop practicing her medical cannabis work to keep her freedom. Simple fascism. I had a long drive home afterwards thinking about what I had just witnessed. Thinking about the judges words. Dr. Fry and Dale's words. The words engraved on the stones of the courthouse steps. I thought about what I would do regarding my own case. Did I also want to face the injustices of mandatory minimum sentencing? Did I want to raise my small children from a prison visiting room because I was "right?" Could I face the harsh reality that sometimes life just is not fair? That justice is not just at all, but a cold calculated machine implemented by the powers at be to keep its citizenry from rising up and demanding our voices be heard? Could I make those calculated gambles against a system that is obviously flawed and forced to follow the immoral practices of bad government policy? I learned it was an uphill battle that could turn horribly wrong at any moment, and that I, like Dale and Mollie, could face a mandatory minimum for making medicinal edibles for the sick and dying. I still have no idea what the right thing to do is. I struggle with my convictions as an activist and medical cannabis patient and provider. I look into my young children's eyes and understand the tragedy that could come from my unwillingness to accept a plea deal. I am a torn man in many ways and still pray for a miracle to make this all go away. I wish Mollie and Dale the best in their appeals, as I will be there for them in anyway i can. I commend them for their bravery and hope in the end that Lady Justice will weep no more and that they will be freed from the clutches of tyranny. I thank them for their courage to brave uncharted territory and challenge the government's evil and immoral policies regarding medical cannabis. But most of all I thank them for taking a moment out of their lives to meet me and help me with my tie.