Will Foster

In 2002 I interviewed Will Foster, on Oklahoma man whose 1995 arrest for growing medical marijuana had attracted international attention after he received a 93-year prison sentence. Foster, who grew the marijuana to treat his rheumatoid arthritis, had been released in April 2001 after serving four and a half years, thanks to an appeals court that reduced his sentence to 20 years, making him eligible for parole. "A lot of people tell me I give them hope," Foster said, "because I did have 93 years in prison, and now I'm free."

Not anymore. The Drug War Chronicle reports that Foster has been behind bars for nearly 16 months in California, where he moved (with Oklahoma's permission) after his release, because of a dispute over the terms of his parole. The story is a bit complicated, but the basic thrust is that California officials said Foster had completed his parole, while Oklahoma officials disagreed. In 2006 he successfully fought an Oklahoma warrant, but later the state issued a new warrant after Foster refused to agree to a retroactive four-year extension of his parole. That was not a problem until Foster was busted for growing marijuana by Sonoma County sheriff's deputies. The cultivation charges were dropped after it became clear that the plants were for Foster's own medical use, but he remains in jail awaiting extradition to Oklahoma, which wants him to complete his 20-year prison sentence.

"In their warrant, they said I violated the terms and conditions of parole in Oklahoma, then fled Oklahoma to escape justice," Foster told the Chronicle. "But I haven't been back in Oklahoma since I left in 2001. I successfully finished parole here, I beat back that earlier extradition effort, and they're still coming after me."

California Gov. Arnold Schwarzenegger and Oklahoma Gov. Brady Henry have the power to stop what looks like vindictive harassment of a man who has already spent a total of nearly six years behind bars for something that should not have been a crime to begin with.


News Hawk- Ganjarden 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: Reason Magazine
Author: Jacob Sullum
Contact: Reason Magazine
Copyright: 2009 Reason Magazine
Website: Free Will...Again
 
From Ed Rosenthal (July 1, 2009):

Help Will Foster

With a constant barrage of global news surrounding us, we now have the power to know that there is always a crisis somewhere- a volcano shattering peoples lives, a tsunami or hurricane, man made disasters-mostly wars- and humans attempting to control nature. We become desensitized to it, or else we couldn’t enjoy a fine meal, or go to a water park, or even enjoy lovemaking- so when someone shouts “fire!” unless you are in that crowded theater, chances are that you will take no action.

The further away a situation is, the more remote it becomes. To most of us, a disaster in India isn’t as significant as one in your hometown. For this reason the Will Foster case and Will Foster’s plight should alert all of us that we are possibly only an arrest away from a ruined life. To tell his story briefly, Will Foster was a self-employed professional working in Tulsa, Oklahoma when he was arrested for a garden that measured less than 5 x 5 ft, or a total of less than 25 square feet. Since his gigantic garden could have supplied all of Tulsa and its suburbs, he was given a sentence of 93 years. This was later reduced to 20 years and then he was released on probation after serving 4.5 years behind bars. He came to live with me in California, and after 3 years of probation the state of California said “you’re a free man”. Oklahoma objected because they felt he should serve at least a double-digit of years more probation. As a result of this conflict, the two states are attempting to extradite him to Oklahoma. Both governors have signed the extradition warrant. After the girls in my office playing phone tag with the entire state of Oklahoma, we have deduced that Will’s fate is in the hands of Oklahoma Department of Corrections Director Justin Jones.

Will’s case is another proof of the injustice that marijuana users face everyday in the US. His case and his freedom are important as a symbol of our demand to be freed from these chains. Will needs your help and statistically, only about 3% of the people who are asked to do something like this, actually pick up a pen and do it. They figure, someone else will do it. Think of it this way, I am asking you, personally, to do this for Will. No checks, no money, just your good nature, your pen, a piece of paper and a stamp. So crude, but emails aren’t as effective as letters are to these bureaucrats.

The goal is to flood these people with public opinion: MARIJUANA IS NOT A CRIME!

If you do send a letter, please email asked420@gmail.com with your mailing address for a free gift as a token of our appreciation!

Please send this letter to:

ATT: Janielle Jenkins- California State Extradition Specialist
Office of Governor Arnold Schwarzenegger
State Capitol Building
Sacramento, CA 95814
Fax 916-558-3160

ATT: Justin Jones
Director, Oklahoma Department of Corrections
3400 Martin Luther King Jr. Ave
Oklahoma City, OK 73111-4298
Fax: 405-425-2578
(Guess what! You can call him too if you want, his office number is easily searched online!! 405-425-2505)

Regarding:
William Joseph Foster, D.O.B. 9-12-1958
Oklahoma Incident # 687031 – 12-29-1995
Oklahoma Case # CF-96-49
Oklahoma Docket # 751133
Oklahoma Department of Corrections #252721
California DOC #252721

Dear California Extradition Specialist Janelle Jenkins and Oklahoma Department of Corrections Director Justin Jones,

I am writing to you out of extreme concern regarding the extradition of William Foster. Foster has an extradition hearing in Sonoma County, CA on August 4th at 1:30pm.

We are asking that you review this case on humanitarian grounds and cancel the extradition warrant against Will Foster. Foster suffers from degenerative arthritis and is being persecuted for choosing to grow a medical marijuana garden in Oklahoma. He was convicted after his 5’x 5’ marijuana garden was raided and originally sentenced to sentenced to 93 years in prison. Will was a first time non-violent offender and eventually re-sentenced to 20 years.

In 2001, after serving 4 ½ years of his 20 year sentence, he was released and as a condition of his parole was told to leave the state. He moved to Santa Rosa, California –with permission from Oklahoma- and kept monthly contact with his parole officer.

Due to administrative complications and miscommunication, Oklahoma issued a warrant for Foster and he was taken into custody in 2008. Oklahoma has now issued an extradition warrant for Foster, claiming he is a fugitive of justice, which was signed by both Governor Brad Henry and Governor Arnold Schwarzenegger.

It is in the interest of justice and the taxpayers of both states I am requesting that Foster’s extradition be canceled. Limited resources would be more wisely spent containing violent offenders rather than extending the incarceration and prosecution of a non-violent crime.

Source: Ed Rosenthal
 
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