Benjamin Gasper, a local man who is facing up to six years in prison for the alleged possession of and illegal distribution of marijuana from 133 cannabis plants, made a public stand in Ocean Beach on Dec. 26 by flying picket signs and pleading for support in front of crowds and the news media at the corner of Abbott Street and Newport Avenue. Gasper was flanked by fellow members of the Americans for Safe Access Group (ASA), an Oakland-based, pro-marijuana legalization organization made up of patients, medical professionals and citizens who say they are working to ensure safe and legal access to cannabis for therapeutic uses and research. A couple of years ago, according to Gasper, he and two handicapped partners had been growing 133 marijuana plants for personal use at a warehouse and storage unit in the commercial area of Point Loma near Sports Arena Boulevard. He said the marijuana was to be used as a means of medical relief for the trio’s chronic pains. Gasper said in his case, he needs the marijuana for chronic nerve pain that he deals with on a daily basis. He said he refuses to take the pain medication Vicodin that he was prescribed because of the strong painkiller’s addictive qualities. Gasper said he educated himself about the use of medical cannabis at Oaksterdam University, a cannabis college with campuses in Oakland, Los Angeles, Michigan and in North Bay. As a result, he involved lawyers to draw up partnership contracts to grow the plants in San Diego for medical purposes. According to Gasper, San Diego police officers gained unannounced access about two years ago to the trio’s storage unit to perform a required safety check, conducting a 45-minute raid. The discovery triggered the involvement of the San Diego County Narcotics Task Force. Gasper, who said he was absent at the time of the raid, believes no official search warrant had been issued. He said that even though he and his partners had been open about their diagnosis and medical records, officers ordered Gasper to the storage unit, where he was questioned and later arrested on three counts and taken to a detention facility near San Ysidro, where he spent two weeks before being seen by a judge. “The cop came to me [at the scene] and said, ‘Looks like you did a nice job here. Unfortunately, yours and my definition of the legality of this particular law are totally different, so we are going to leave that up to the courts to decide,’” Gasper recalled. “Then they seized my entire crop. I felt totally railroaded.” Gasper said that while he was detained, the officers ransacked all of his belongings. Police Lt. Andra Brown confirmed Gasper’s arrest and presented the SDPD’s case as detailed by the officers in their paperwork. “Derivable from repeated burglaries, the officers were patrolling the area where Mr. Gasper had his storage space, solely for a random security check. Passing by Mr. Gasper’s unit, they noticed open doors and people inside it. Aware of a possible ongoing break-in, the officers approached the people, informing them of the security check in the area.” After obtaining the identities of the people, Brown said the officers learned that none of them was the owner of the storage unit and that they were apparently only sleeping there. Brown said that, according to the officers’ report, they detected the characteristic odor of marijuana. “After our officers determined an illegal grow operation, they immediately contacted the detectives from drug enforcement, who then arrived at the scene with a search warrant and, in conjunction, contacted Mr. Gasper, who upon arrival was cooperative,” Brown said. According to the police report, Gasper told officers he believed he was exempt as a “caregiver.” After detectives cleaned out the storage unit, the 133 adult marijuana plants were confiscated.   “He’s been charged with cultivating, transportation and possession of an illegal substance,” Brown said. Gasper is expected to be arraigned on those counts and additional charges of illegal distribution on Jan. 11 in San Diego District Court downtown. Meanwhile, Gasper maintains he is wrongly accused and insists on his right to use the medication he feels is best for him. “I’m in daily need of strong pain medication,” he said. “I don’t like to take all that prescription stuff. It makes me loopy and I can’t work like that. I got to be able to use my brain.” Gasper is an electrician for Target Electric. He said he was lucky the electrical company gave him a job after all the legal tumult. “You Google my name and you will find all kinds of accusations and opinions about me,” Gasper said. “I am very grateful that my company hired me under the ongoing circumstances. I’ve been fighting against the city and the district attorney for what I think is my actual god-given right. I definitely do not deserve six years in prison for that.” As his case unfolds, he said the ASA has supplied him with a specialized team of attorneys, who will handle his case on a pro-bono basis.