Walter Eugene Stiernagle, who suffered an epileptic seizure last week in court just when he was about to be sentenced for his offense, will also be placed on supervised release for four years.
Because of his prior drug conviction, Stiernagle could have faced a minimum of 10 years to life in prison and a $4 million fine for possession with intent to distribute more than 100 plants.
The judge said the farmer is “getting a big break.”
She noted, however, Stiernagle’s cooperation with the Drug Enforcement Agency, compliance with pretrial release conditions, and no prior convictions excepting a 1983 drug case in Superior Court.
She warned the farmer thet he will face a harsher penalty if he gets in trouble for marijuana again.
Stiernagle said he is “happy” with the sentence and that he will be sure to stay away from marijuana which he used to control his epileptic seizures for years. He said he grew marijuana for other friends for medicinal purposes.
He said he had a friend who recently died of cancer who used marijuana “to feel better.”
Stiernagle said he quit using marijuana about seven months ago.
Federal prosecutor Fred Black reminded Stiernagle that the sentence should not be seen as “leniency” because, “in our world [marijuana] is still illegal until someone changes the law.”
Tydingco-Gatewood said she was “impressed” with Stiernagle’s cooperation and she had to listen to Black because it was not often he makes that type of recommendation. She said he is very selective about who he “advocates for.”
Black said the U.S. Attorney’s Office would rather focus on cracking down on the most dangerous drugs on Guam like “ice.”
He said it is very clear that marijuana is not as dangerous or destructive as ice or even alcohol.
He said if local law were changed to allow medicinal use, his office would follow the federal government’s policy of not prosecuting people who under state laws are allowed to use marijuana for medicinal purposes.
Stiernagle’s medical condition would be covered under Sen. Rory Respicio’s Bill 423, or the “The Compassionate Health Care Act of 2010,” which proposes to authorize and regulate the use of medicinal cannabis by licensed physicians to patients with debilitating medical conditions.
It will also create cannabis dispensaries, or “Compassionate Care Centers.”
Section 1 of the bill defines “debilitating medical conditions” like seizures including those characteristic of epilepsy.
If Bill 423 were to pass, “It is unlikely you would see any prosecutions for medical marijuana on Guam,” said Black in the courtroom.
The judge wished Stiernagle well and said she hopes he remains a good role model to his two young daughters, a caretaker of his sick father, and a productive farmer of fruits and vegetables for the people of Guam.
