editors note: nathan archer is a founding member of floating arts club. there are pictures of nathan, his boat, and custom bicycles on our flickr acct. nathan also wrote about his experience living on the water. nathan is now in san diego. his court date is tomorrow, Dec 15, but most of the details of his message will be current for many weeks or months. enclosed is what he emailed his friends while on the road:

My name is Nathan, I call myself a medical marijuana war veteran. I have been fighting toe to toe with San Diego; for almost 4 years now, about my rights as a medical marijuana patient residing in California.

I was born and raised in San Diego,(and only moved from it in 2006 when this whole espionage began), I taught Adobe photoshop at Recreation centers working with children 8-19. I was the Master of Ceremonies for Kids Clubs; working with North County Times mascot,(Digger the Dog), as my side kick. I was an asset to my community in San Diego County.
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Currently I live on a sailboat out on Richardsons Bay in Sausalito, California. I work at a local not-for profit company called The Sausalito Cruising Club, where I basically am the Night manager/security/doorman/cashier and among other things maintenance guy. I love my life, I have great relationships with many incredible people from all walks of life.

Last night I felt like a celebrity as everyone was showing their love, appreciation and concerns for me, for tomorrow I leave for San Diego and court again.

Warm open arms were at my every turn. Smiling faces giving love and suppot on so many levels, wishing me well on my next battle, assuring me that they appreciate that I am willing to make the sacrafice.

I have never felt such support and appreciation as I have felt in the past few Weeks; from my friends and loved ones, in Marin County.

It’s hard to believe that I am considered a criminal against the People of California, when so many see me as upstanding and beneficial asset to my community.

Morning has broken and the rains continues as my journey begins.

It is 11:00 am December 12, 2009 and I am on a train bound for San Diego where the D.A.’s want to revoke my probation and put me in a penetentary for 3 years. As I ride down to San Diego I am remembering the journeys from previous times as I went to battle with the D.A.’s over my right to use marijuana as my medication, in California.

Today it sounds absurd that this would be an issue but; unfortunately for me, it is a continuance of a war that I was thrust into by San Diego County Courts long ago.

Back in 2006 S.D. County was sueing the State; refusing to recognize medical marijuana patients rights. S.D. D.A.’s claimed that it apposed federal law so they won’t enforce it. Therefore: I was considered a criminal.

The Doctors recommendation, the Oakland Cannibus Buyers Cooperative Growers Permit even Prop 215 were not enough to protect me from the DA’s attack.

It took 2 years and 2 jury trials but through great effort and some breaking of laws, they were able to convict me. I was thrown into double jepordy, suffered malicious prosecution/prosectorial misconduct and treated as a criminal during the whole process.

The defense of a medical marijuana patient did not apply, it was like going before the federal government, where there is no Prop. 215 support.

The first trial ended up with 11 to 1 to acquit me. I moved for a dissmissal but the judge declared it a mistrial and another court date was set. At the second trial, the jurors were instructed to either find me guilty on the alleged charges or if not I must be found guilty of a lesser charge on each count.
Essentially ending up with me being found guilty. Go figure.

Since my adult record held no criminal or drug offenses Judge Judy Wells looked back to when I was a minor and prior to the creation of the three strikes law and made a ruling that I had a strikeable offense as a minor. Though I argued the three strikes law was never designed to be retroactive, she applied the strike so that she could add a second strike for my current charges. Then she agreed with me and struck the strike prior, leaving me with a strike for being found with marijuana.

Since then I have gone through an appeal trial; that ended up reversing part of the charge, setting a presedence in San Diego county. Since the DA lied about the actual findings at my residence, Instead of the charges being reversed for my possessing “36 juivenel marijuana plants” a medical marijuana patient was not found in violation of the law for possessing 98 plants and 1.72 lbs of marijuana.

Following the same blind justice format, San Diego county probation officer Shawna Berke called me the day after my appeal went up for decision. She informed me that since I have failed to register as a narcotics offender and missed one appointment, in the year and a half I have been on probation for, with the Marin county probation officer. With great concern, she wants me to show cause before a court in San Diego why they should not revoke my probation and add time to my penalty.

I find myself in a very difficult place. As I begin digging around for supportive evidence I am comming up empty handed. I turn for support at various levels but quickly realize this is an issue that has yet to be addressed.

I get relief for headaches, backaches, “Knee aches” and the like in marijuana and prefer not to use narcotics. Not even cough syrup or advil. But since I was found with marijuana I am ordered by theSan Diego Courts to register as a narcotics offender. Even though I am still ordered by the San Diego court to be allowed to continue using marijuana so long as I have a valid Dr. Reccomondation. Which I keep current.

There is no point in my registering as a narcotics offender since I have no drug abuse history, or
criminal history and it has no rehibilatitive abilities. It would only serve as another form of
punishment bordering on cruel and unfair. But it would also follow the same path that San Diego has taken against me in the past.

I have taken this trip in a car, bus, plane and train since 2006 to today. I find the train most relaxing and scenic. It took several trips before I was able to enjoy the scenic views. Most of the time I was so caught up in my head fearing the unfair actions of the court that; often times, I found it hard to even articuelate a full sentence.

At any cost I have been set up for failure at all levels by San Diegos court system. Yet somehow I come through. I guess that I am slowly learning that though it is good to fight for what is right, it is better to know that you don’t have to fight for what is good.

The scene has changed from the beautiful waterfront view to the far reaching plains of stockton. I see so many homes and people who are living their daily lives unaware that I am considered to have performed crimes against them. The People vs. Nathan Archer. I just don’t feel as though I am so deserving of all this attention and use of county funding. I am a very considerate person, more so than most; my friends would say.

Lately Im considering why it is that someone like me who has no criminal history or drug related abuse history would be targeted so heavily as a narcotics offender. When I left Sausalito, Calif. I was sent off with a wealth of loving individuals concerned for my well being. Gifts were poured on me; from hugs and homemade cards to gift cards with money to help with the costs incurred. Sincerity was definately felt as people wished me safe journey and expressed their concern for a speedy return, reminding me how much I am appreciated.

I’m almost to Fresno. I take a bus from Bakersfield to Los Angeles then it’s on the train again. I look at my ticket at the next departure time is 420 from Bakersfield. It all seems so surreal to me.

Union Station.

I love this place, with its beautiful court yards and fountains lit up at night, it is a splendid sight.
I walk into the grand building and feel the rush of people bustling around me on their way to where ever it is that they are going.

I have met so many people on my travels to and from San Diego and I have seen loss at many levels; personally and through the eyes of complete strangers.

Once; a few years back, I met a man named Sam, he was just back from the war and had seen/experienced enough/too much. He was trying to deal with getting back to sociatol living when I met him on the North bound Surfliner headed to Oakland. We talked for a while and before the trip ended we exchanged phone numbers and kept some what in touch.

I remember when he called me the last time sounding frightened and distraught, telling me that they have ordered him to serve another tour and he has been assigned a post. He was frightened and didn’t want to return after all he had experienced. We talked for a long time I was assuring him that I care for his safety and wish him a safe tour. I felt lost that there was little I could offer in support for him.

Sam died 5 days after arriving at his post. I love you Sam.

As I return from a smoke break I find an attractive young lady sittng next to my seat. I take my seat and continue with my writing. At a pause in my writing the young lady asks what I am writing about. We begin a conversation and soon she is telling me that she is going to her friends house to be supportive, as her friends mom died unexpectedly this morning.

I think back to my issues with San Diego. I feel that my fighting is insignificant amoungst the issues I have seen in my travels and daily living. But I also see the benefit I have provided to others and feel comfortable again.

Next stop, Oceanside.

It is December 12, 2009 9:13 pm. 12 hours since I left Sausalito. I think of the faces of my freinds and the warmth of their hearts and I feel a sort of comfort inside me. Though they are hundreds of miles away I feel as though their arms are still around me.

I love my new found community. I have worked to help provide health services and shelter during the storms to the displaced and homeless. I am well known and respected by the local authorities in my community as an asset to the community. I still don’t see how I am a menace to society.

It is raining in San Diego, but it is a warm rain. I am met by a friend I haven’t seen since a year and a half ago, when I was in court. He takes me to his house en like family to me through the years and it is great to see them all together.

I see his children and wife They have been like family to me over the years I have known them. This time; as a special treat, I get to meet his grandchild and life comes full circle.
Life is truely amazing.

It is now 12:00am and I am going to sleep today was an incredible day.

I received an email from San Diego ASA Director

N8,

Just sent out a blast to the San Diego ASA List. I also have court that day except at 1:30 in Department 53…we are filing a motion to dismiss my case.
I will try to get as many people out for your case that morning and hopefully we can make an impact.

Dear San Diego ASA Members,
Nathan Archer needs your support! Lets pack the courtroom! DEC 15 - 9am Department 12 - 220 W. BROADWAY, SAN DIEGO CA 92101

In Nathan Archer’s case Superior Court Judge Kerry Wells used SB420 numerical plant limits to instruct juries on both the cultivation charge, and possession. The state constitution does not allow the legislature to amend voter initiatives, unless the initiative itself expressly allows it, therefore earlier this month the 4th District Court of Appeals in San Diego reversed part of the ruling. Archer’s cultivation conviction stands, and Mr. Archer is being forced to register as a Drug Offender. He has refused to register as such and as a result is threatened with having his bail revoked. He is ordered to appear in San Diego Superior Court on December 15th at 9am in Department 12 for a Bail Revocation Hearing.

Mr. Archer needs your support! Lets pack the courtroom! DEC 15 - 9am Department 12 - 220 W. BROADWAY, SAN DIEGO CA 92101

Below is an article detailing Mr. Archer’s case and historic 4th District Appellate Court Decision.

Eugene Davidovich

So I am not alone.
Peace,
N8.