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Butte, CA Snatches Children from Marijuana Patients

  • by Sabrina Fendrick March 16, 2012

     

    At 8am on the morning of September 29, 2011, the Butte Interagency Narcotic Task Force (BINTF) forced entry into the home of Daisy Bram and her husband Jayme Walsh. Law enforcement officers arrested the couple and working jointly with Child Protective Services, seized their children — including their 3-week-old suckling newborn, Zeus, who was violently ripped from his mother’s arms.   He and his 15-month-old brother, Thor, were snatched and placed in a stranger’s home. Neither of these nursing babies had ever been away from their parents.

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    Three weeks prior, on September 7, 2011, after a summer of watching sheriff’s helicopters fly over the area, two Butte County Sheriff’s deputies trespassed onto a clearly marked private road, maneuvered around a locked/gated driveway, and onto the property of Daisy and Jayme’s remote home on a mountain in Concow, California. They were there for a “compliance check”.

    [A “compliance check” is a convenient excuse created by local county law enforcement used solely for the purpose of unlawfully obtaining access to private homes to investigate legal medicinal cannabis gardens for potential arrest and prosecution.]

    During this “compliance check” police assured Daisy’s husband that “…everything looks okay… good luck with the baby.” The necessary and appropriate valid medical paperwork was and is in order.

    The couple has since been charged with eight class A felonies, six relating to cannabis and two charges of child abuse). After a preliminary hearing, at which Jayme Walsh represented himself and Bram, they had the good fortune of retaining attorneys Michael Levinsohn and Jen Reeder.   The child related charges, and one cannabis related charge were dismissed, leaving five remaining criminal cannabis charges. One of the most disturbing factors in this nightmare is that there has never been any attempt by prosecutors to verify the validity of their status as qualified patients in the state of California.  Both Walsh and Bram have legal state-recognized recommendations for medical marijuana.

    UPDATE [3/13/12] – Butte County Assistant District Attorney, Jeff Greeson, re-filed felony child abuse and misdemeanor child endangerment charges, against Daisy Bram (www.freemybabies.org). Daisy and her husband Jayme Walsh are medical cannabis patients in Butte County.  Their 3 week old and 15 month-old children were taken and held by Butte County CPS for more than four months, following the parents arrest for cannabis.

    Tamara Lujan, NORML Women’s Alliance Community Leader for Butte County issued the following statement:

    “Considering the felony and misdemeanor charges were dropped, and are now being re-filed after public outcry and the filing for a Grand Jury Investigation, we can come to no other conclusion except this is a retaliatory measure, from the Butte County DA’s office.”

    The outrage over this incident has driven several local residents to come forward with similar complaints regarding the misconduct of the BINTF and Child Services Division of Butte County (which leads all of California’s large counties in the percentage rate of permanent removal of children from parents).  As a result, the NORML Women’s Alliance has filed an official request for an investigation by the Grand Jury in Butte County (including a financial audit).  On Friday March 9th, the NWA, along with Butte County residents, put forward a complaint to the Grand Jury of Butte requesting an investigation into the County Children Services Division for the agency’s perceived and widespread misconduct.  The findings in the people’s request include numerous testimonials from directly affected persons, submitted herein via the GRAND JURY COMPLAINT FORMS, which specify various and detailed claims of CSD misdeeds.

    To see the full press click here.

    “We thank the Grand Jury for its time, consideration and diligence in pursing our request. Only when government agencies have proper oversight can we as a community rest assured that corruption, abuse and other misdeeds are kept in check and deterred. Together We the People of Butte County and the Grand Jury can make these necessary strides of investigation and oversight to ensure all Butte families are truly served well, and are safe and secure at home.” – Tamara Lujan (NWA Butte County Community Leader)

    Follow the NORML Women’s Alliance on Facebook at http://www.facebook.com/normlwomen and Twitter at twitter.com/normlwomen

     

    136 Responses to “Butte, CA Snatches Children from Marijuana Patients”

    1. Rob Howell says:

      I’ll take the gov on myself if I have to…..

    2. Scott says:

      So, she was smoking and breast feeding? Wouldn’t the milk contain at least trace amounts of THC? I think that could be damaging to the babies.

    3. Wendy B says:

      “Compliance check”? Isn’t that just a tad Nazi?

    4. Loretta says:

      that poor woman. this broke my heart. she did nothing wrong.

    5. Steph says:

      Trace amounts of THC nor any of its cannabinoids and breast feeding have ever been proven to cause harm to an infant besides it never said she had been smoking. Plus there are healthier ways to ingest the stuff as well. The issue here is they followed the law as it was in their state and her children were literally RIPPED from her arms as you could hear she suffered a serious cut from it. I hope they took more care in how they handled the infant being he was only 3 weeks old. Personally if I was in their shoes I would be sueing the pants off the state, CPS, and the Sheriff’s department. Oh heck toss in the feds as it is written in the constitution I do believe don’t the states have right to handle their own business and if there is no trafficing across states then federal laws do not preside? I may have that wrong as to where it it written but I know it is somewhere. The point is if they have no due cause to come into your home and take your children they can not do so. Was there any reported child abuse? Were there any cuts, burns, bruises, broken bones, hospital visits? Growing and smoking medicinal marijuana with legal licenses following every step of the law is NOT due cause and is NOT child endangerment. Are they going to start taking children from people who smoke and grow tobacco, brew and drink alchohol, make or take prescribed pharmaceuticals? Having firearms and ammo in the home is not child endangerment as well many americans would be in jail and have their children ripped out of their arms if so. We have to make them see it all on equal footing. Until then innocent people like this are not safe. I wish this family well and good luck getting their babies back my heart goes out to this mother. Do not stop fighting ! Show them what they get when they mess with a momma tiger and her babies!

    6. john p says:

      The Jamaican study surprised expectations by discovering that mothers who smoked cannabis had calmer babies with no negative effects.
      Now if someone is chain-smoking pot next to their baby, the baby will be exposed. Breast-feeding might bring some THC to the baby, but the effect may be insignificant, as the presence of metabolites alone doesn’t make someone high, a factor which makes sober drivers guilty for OWI even if they weren’t high at the time.

    7. Carolyn Sasek says:

      I know that other information is available about this case that shows that this woman has not provided proof of her 215 and that there were 70 plants growing at the home — which is definitely more than for personal use — just to start. You may want to look up more information on this matter as it continues. I believe in NORML and I believe in legalizing Cannabis unequivocally, however I know that there are still those people who will claim ‘victim’ when accused and try to ‘hide’ behind whatever means that they can to protect their own guilt. I believe that this could be one of those cases. Lord willing that Grand Jury investigation will provide the truth. <

    8. Doug R says:

      the government still hasn’t even proven theres any harmful effects of cannabis, but they will tear families apart based on prejudice, superstition and preserving their ‘power’

    9. Douglas says:

      YAP PURE INTRUSION

    10. Tamara Lujan says:

      They had 36 mature plants which IF you saw them would not even be considered mature in my book. The 99 came from some tiny clones he was giving to a collective. I have been involved with this from very early on. There is no cry of victim. They were and are victims. As for proof of the 215 the police did not ask nor care to see it. DA Ramsey says he “tears it down first and ask about 215’s later” … There is lots more to the story yes. BUT are we not avoiding the real issue. Lifes are being torn apart because counties and county officials refuse to allow patients their cannabis. I juice cannabis leaves. I do not smoke. 90 cannabis plants will not get me through the year. Someday when we relaize the “others” work to divide us we may be strong enough to win this battle…

    11. Tamara Lujan says:

      They had 36 mature plants which IF you saw them would not even be considered mature in my book. The 99 came from some tiny clones he was giving to a collective. I have been involved with this from very early on. There is no cry of victim. They were and are victims. As for proof of the 215 the police did not ask nor care to see it. DA Ramsey says he “tears it down first and ask about 215’s later” it does not matter… There is lots more to the story. BUT are we not avoiding the real issue? Lifes are being torn apart because counties and county officials refuse to allow patients their cannabis, after we the people voted for it. I juice cannabis leaves. I do not smoke. 90 cannabis plants will not get me through the year. Someday when we relaize the “others” work to divide us we may be strong enough to win this battle…

    12. Daisy says:

      Love, Light, & Blessings to those who support.

      Carolyn Sasek:
      1. I have provided “proof” of my recommendation. In addition, the investigating officer: Eric Clay,(the one you hear primarily in the arrest audio) has testified that he never bothered to verify the recs because “they appeared valid” The DA is not concerned with the validity of the recommendations because they charge we were a Large-Scale, for-profit commercial marijuana grow operation.
      2. 70 plants growing… where do you get that? According to their paperwork, there were allegedly 96 plants growing. 36(or 38, depending on which paperwork they claim is correct) Mature plants, the rest clones. For starters, Jayme’s rec provides exemption for 99 plants and 4lbs… Which then begs the question, Are you his physician? Are you mine? How do you know how many plants are “defintely more than for persoanl use”.
      I say this AGAIN: IF ANYONE HAS ANY QUESTIONS, COMMENTS, OR THE LIKE, PLEASE CONTACT ME DIRECTLY AND I WILL BE MORE THAN HAPPY TO CLARIFY ANY DETAILS. Rather than demonstrating the gossip tendencies of a lemming, perhaps one might make the effort to determine what is fact and what is not BEFORE they flap their gums/fingers.
      I have paperwork, documentation,etc, not just hearsay to back up everything I say. You?

    13. John says:

      Heya Daisy! Great to see you up and about here!

      My warming heart goes out to you and your loving family.

    14. mina says:

      She posted about this on Stormfront, a white nationalist site. She says she was targeted because her husband has Nazi tattoos that are visible and her house has those decorations. The white nationalists say feminism is a conspiracy to destroy white people by the jews. Why are all you morons supporting this crazy woman. Her kids deserve a chance at a normal life.

    15. 420joe says:

      Just another footnote in the failed war on drugs and personal freedoms.

    16. Jim says:

      If these people are Nazis, may the state take everything they have. If this is not true, show your husband’s arm tattoos. LOL! Nazis should NEVER be allowed to raise children. They raise children with hate.

    17. david c says:

      butt snatchas!

    18. Cameron says:

      Mina, even IF that was true, so what? She has a right to believe whatever she wants. That’s no reason for the government to trample their freedoms.

    19. Charles says:

      More harm was caused by the raid than the pot…as usual Uncle Sam strips more from us..live like this..believe that..blah blah blah.

    20. Psu says:

      Sobriety Checkpoints

      Alaska does not have sobriety checkpoints.

      Case Law

      Ravin v. State, 537 P.2d 494 (1975). — “Need for control of drivers under influence of marijuana and existing doubts as to safety of marijuana demonstrate a sufficient justification for statutory proscription of possession of marijuana; and thus an individual’s right to possess or ingest marijuana while driving is subject to statute proscribing possession of marijuana.”

      Kameroff v. State, 926 P.2d 1174 (1996) — Evidence of marijuana pipe found on defendant following traffic stop was not excluded from evidence. The court found it tended to show that defendant had recently smoked marijuana.

    21. palemalemarcher says:

      know that someone would replace Ms. Leonhart but after seeing a kid ripped from moms arms in that video taped in California over a legal plant compels that justice be done; fire Michelle Leonhart!

    22. palemalemarcher says:

      Some folk think countering social gentrification is more essential than the CSA! Is this display of power the way to remember the legacy of MLK?

    23. obama sucks says:

      LONG BEACH, Calif., March 28, 2012 — On March 21 at 4:41pm, plain clothes officers not providing identification of the Long Beach Police Department, along with Long Beach Department of Finance workers, initiated an illegal raid against NatureCann Non-Profit Patient Group. Acting without a warrant or court order, the officer incursion involved forcefully breaking into the patient collective where three (3) patient volunteers were assisting fellow patients. An observer recording the event outside of the collective was knocked down by an officer who told him the police “can do whatever they want.” Scores of businesses along the Atlantic Avenue Corridor were disrupted by the police presence and activity.

      Although no warrant was obtained by the department, and no resistance was offered by NatureCann, specialized assault equipment and armed tactics were utilized to force entry into the property. In an attempt to avoid being filmed and prior to making entry, an electronic video surveillance system designed to assist law enforcement was instead destroyed and disabled by the officers. Three (3) volunteers were abducted by the officers on-site while other officers arrested the collective’s security guard at a nearby restaurant where he was on break.

      When asked about the reason for the incursion and arrest, one of the female NatureCann patient volunteers who declined to be named for fear of reprisal said, “I was in fear for my life, looking at the end of a loaded firearm pointed at my head, by an unidentified intruder twice my size. They broke in and started attacking us. We follow all State laws and provide for seriously ill patients.” It was later determined that the volunteers had been arrested under a city ordinance recently rendered invalid by a higher court.

      In February, 2012, the Long Beach City Council enacted a ban of all medical cannabis patient dispensaries after its permitting ordinance requiring “substantial” and non-refundable fees was deemed unconstitutional by a California appellate court. Although the ban states it applies to all medical marijuana dispensaries in the city, dispensaries that had paid the substantial fee are not being targeted by authorities. The city announced it would enforce the ban only against patient groups that had not paid the fees. Days after Long Beach passed its ordinance banning all collectives, another California appellate court deemed similar bans illegal.

      In June, 2011, a Los Angeles Superior Court judge found that an earlier warrantless raid by Long Beach police officers and officials was improper. Patients involved in that case have filed a suit against the city seeking damages. In addition to being arrested, the volunteer said the police had taken all of the patient group’s medication as well as electronic equipment without inventorying or reporting the seizures.

    24. John Silverton says:

      @Steph:
      Indeed, the Tenth Amendment delineates individual States right to sovereignty; i.e., the right to enact and enforce laws voted on by that state’s voting populace.

      For the Feds to be interfering with States rights to self-governance, they are usurping States rights. I think it is time for all States Attorneys to push a class action suit against the Federal Government and esp the DEA, for usurping States Sovereignty; a clear violation of Contitutional rights.

      When I was a teen in Los Angeles I asked a cop how we can have laws that are unfair and unjust. He said that we have the right to protest such laws, and by ‘due process of law’ change them.

      Well, now, almost 50 years later; we HAVE gone through ‘due process of law’ and have voted for and enacted State laws permitting use of marijuana; and the Feds are still persecuting and prosecuting United States citizens, who are abiding by their State’s laws. This is way too much like Facism for my liking.

      The only difference I can see between us and historical Imperial Rome, Facist Italy, and Nazi Germany is that they are no longer singling out just Jews… now, the ONLY true crime in America is being poor.

      Justice in America is only for the rich and famous who can afford expensive lawyers to defend them in court. And even that’s not enough when those in power are unhappy with you. Anyone remember Delorean? He had the audacity to make a superior car. He was chared with drug dealing; and his business was closed down and everything confiscated. He spent a huge part of his fortune in court; and won his case. Still, he no longer has his business, his cars, factory, etc.; and is still out millions in legal fees.

      If Delorean can’t win even when he is aquitted; what chance do the rest of us have against the Corporate/Industrial/Millitary Complex?

      Freedom only for those who can afford it; and are willing to kiss the nether regions of those few families who hold the majority of this country’s wealth.

      Of course, this is just my opinion; I could be wrong.

    25. Leslie Moore says:

      I am looking for contact info for Butte Families for CPS and Court Reform. Can anyone provide?

    26. Lucas T Marshall says:

      This is bull shit…..

    27. Brandon Boucher says:

      THC is damaging to no one, guy… in fact it’s curing CANCER IN INFANTS and changing children’s lives for the better whom have extreme illness and disease. people are so dumb… erase that guy’s comment, please… how to do we go about doing investigations into our governments activities if we are just a regular citizen?

    28. Brandon Boucher says:

      it makes me very sad to see the government breaking so many laws on a daily basis and no one with clout and resources doing anything about it…

    29. JOE says:

      WOW. well if you fought for this county you totally wasted your time

    30. Patrick says:

      That voice clip was sick…

    31. [...] September 7, 2011, two Butte County Sheriff’s deputies trespassed [1] onto private property for a “compliance check” to see whether or not Daisy Bram and [...]

    32. Liz says:

      This is OUTRAGEOUS, I cannot believe this is happening in America. When I listened to that audio I had tears in my eyes because I also have a young child and I can’t imagine going through this. I am in Marlyand and have been being harrassed by the police so much for being a pot-smoker that I am actually moving to Colorado just to escape the persecution. But seeing this is terrifying, and makes me realize the government can F*CK you no matter where you live. ANARCHY!!

    33. Rainbow Star says:

      Question for Daisy…

      Were you allowed to pump your breast milk while in jail to feed your newborn?

      I’m not sure if you were smoking while breast feeding but if you were, did they ever test your child for marijuana and if so was the baby positive?

      I hope things are better for you and your family. That audio clip broke my heart. I cant imagine how you must have felt.

      Love & Light

    34. [...] “Considering the felony and misdemeanor charges were dropped, and are now being re-filed after public outcry and the filing for a Grand Jury Investigation, we can come to no other conclusion except this is a retaliatory measure, from the Butte County DA’s office,” Tamara Lujan, NORML Women’s Alliance Community Leader for Butte County, said ina statement . [...]

    35. carlos sativa says:

      HOW CAN A BUNCH OF “DRUNK NICOTINE ADDICTS” PASS JUDGEMENT ON MARIJUANA?

    36. [...] them in an unknown, possibly dangerous or truly neglectful environment.  Hundreds of similar CPS cases pop up around the country every year.   Only when the government changes its view, and policies [...]

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