The San Marcos Seven (or San Marcos 7) were seven demonstrators—Angela Atkins, Jody Dodd, Daniel Rodrigues Scales, Bill O’Rourke, Joe Gaddy, Jeffrey Stefanoff, and Joe Ptak—convicted of

misdemeanor A misdemeanor (American English, spelled misdemeanour elsewhere) is any "lesser" criminal act in some common law legal systems. Misdemeanors are generally punished less severely than more serious felonies, but theoretically more so than admi ...

possession of

cannabis ''Cannabis'' () is a genus of flowering plants in the family Cannabaceae that is widely accepted as being indigenous to and originating from the continent of Asia. However, the number of species is disputed, with as many as three species be ...

following protests at the

San Marcos, Texas San Marcos () is a city and the county seat of Hays County, Texas, United States. The city is a part of the Greater Austin, Greater Austin Metropolitan Area. San Marcos's limits extend into Caldwell County, Texas, Caldwell and Guadalupe County, T ...

, police station in March, 1991. Three of the protesters (Gaddy, Stefanoff, and Ptak) pleaded not guilty and were convicted by juries; two received prison sentences and one received probation. The four who pleaded guilty were given

deferred adjudication A deferred adjudication, also known in some jurisdictions as an adjournment in contemplation of dismissal (ACOD), probation before judgment (PBJ), or deferred entry of judgment (DEJ), is a form of plea deal available in various jurisdictions, wh ...

and were sentenced to do community service work. While incarcerated, Gaddy and Stefanoff went on

hunger strike A hunger strike is a method of non-violent resistance where participants fasting, fast as an act of political protest, usually with the objective of achieving a specific goal, such as a policy change. Hunger strikers that do not take fluids are ...

s. A protest camp supporting the San Marcos Seven grew outside the

Hays County Hays County is a county in the central portion of the U.S. state of Texas. It is part of the Austin-Round Rock metropolitan area. As of the 2020 census, its official population had reached 241,067. The county seat is San Marcos. Hays, alon ...

Law Enforcement Center in June, 1993, while Stefanoff was incarcerated.

Background

Jeffrey Sefanoff, a

Vietnam War The Vietnam War (1 November 1955 – 30 April 1975) was an armed conflict in Vietnam, Laos, and Cambodia fought between North Vietnam (Democratic Republic of Vietnam) and South Vietnam (Republic of Vietnam) and their allies. North Vietnam w ...

Army veteran, and musician and painter Joe Ptak, before conspiring to get arrested for cannabis at the police station, published the ''Hays County Guardian'', a free newspaper that focused on

social justice Social justice is justice in relation to the distribution of wealth, opportunities, and privileges within a society where individuals' rights are recognized and protected. In Western and Asian cultures, the concept of social justice has of ...

issues. Stefanoff and Ptak sued

Texas State University Texas State University (TXST) is a public university, public research university with its main campus in San Marcos, Texas, United States, and another campus in Round Rock, Texas, Round Rock. Since its establishment in 1899, the university has ...

when the school tried to bar them from distributing the paper and won at the appeals court level, and the

Supreme Court In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, high (or final) court of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of ...

refused to hear the university's appeal.Conference index page
/ref> Brett Stahl, a San Marcos businessman, was arrested in 1992 for marijuana possession when he went to the

Texas Comptroller of Public Accounts The Texas Comptroller of Public Accounts is an executive branch position created by the Texas Constitution. The comptroller is popularly elected every four years, and is primarily tasked with collecting all state tax revenue and estimating the a ...

office to buy tax stamps for the cannabis. During the same week in 1991 as the San Marcos Seven protests, a drug policy forum sponsored by the Associated Student Government was held at Texas State University. Joe Gaddy was arrested on the day before the forum began.

Civil disobedience

Over nine days beginning March 12, 1991, nine people came to the sheriff's office in

Hays County, Texas Hays County is a county in the central portion of the U.S. state of Texas. It is part of the Austin-Round Rock metropolitan area. As of the 2020 census, its official population had reached 241,067. The county seat is San Marcos. Hays, alon ...

, to smoke a

joint A joint or articulation (or articular surface) is the connection made between bones, ossicles, or other hard structures in the body which link an animal's skeletal system into a functional whole.Saladin, Ken. Anatomy & Physiology. 7th ed. McGraw- ...

in acts of

civil disobedience Civil disobedience is the active and professed refusal of a citizenship, citizen to obey certain laws, demands, orders, or commands of a government (or any other authority). By some definitions, civil disobedience has to be nonviolent to be cal ...

protest A protest (also called a demonstration, remonstration, or remonstrance) is a public act of objection, disapproval or dissent against political advantage. Protests can be thought of as acts of cooperation in which numerous people cooperate ...

ing laws against marijuana. The seven who were arrested for smoking marijuana in the parking lot, Gaddy, Stefanoff, Angela Atkins, Ptak, Jody Dodd, Daniel Rodriguez Scales, and Bill O’Rourke, were charged with Class B misdemeanors, punishable in

Texas Texas ( , ; or ) is the most populous U.S. state, state in the South Central United States, South Central region of the United States. It borders Louisiana to the east, Arkansas to the northeast, Oklahoma to the north, New Mexico to the we ...

by up to six months in jail and a $1,000 fine. Four of the protesters agreed to plea bargains and were ordered to do community service work and three went to trial. The civil disobedience was cooperative between protesters and police. Two of the nine protesters were not arrested for marijuana possession. One of them did not bring enough marijuana to be arrested. And one of them was on parole and was talked out of getting arrested by a sheriff's deputy. The seven who were arrested were employed as

house painter A house painter and decorator is a tradesperson responsible for the painting and decorating of buildings, and is also known as a decorator, or house painter.''The Modern Painter and Decorator'' volume 1 1921 Caxton The purpose of painting is t ...

construction worker A construction worker is a person employed in the physical construction of the built environment and its infrastructure. Definitions By some definitions, construction workers may be engaged in manual labour as unskilled or semi-skilled workers ...

graduate student Postgraduate education, graduate education, or graduate school consists of Academic degree, academic or professional degrees, certificates, diplomas, or other qualifications usually pursued by higher education, post-secondary students who have ...

cook Cook or The Cook may refer to: Food preparation * Cooking, the preparation of food * Cook (domestic worker), a household staff member who prepares food * Cook (profession), an individual who prepares food for consumption in the food industry * C ...

s, and

chimney sweep A chimney sweep is a person who inspects then clears soot and creosote from chimneys. The chimney uses the pressure difference caused by a hot column of gas to create a draught and draw air over the hot coals or wood enabling continued combust ...

s. They became known as the “San Marcos Seven.”

Trials

Gaddy, who was 29 at the time of his arrest, was the first to stand trial for

marijuana Cannabis (), commonly known as marijuana (), weed, pot, and ganja, List of slang names for cannabis, among other names, is a non-chemically uniform psychoactive drug from the ''Cannabis'' plant. Native to Central or South Asia, cannabis has ...

possession. Howard Warner was the judge. Activists wearing pro-hemp shirts packed the courtroom. He was convicted, served a four-month prison sentence, and was fined $700. Gaddy said of the near-maximum sentence, that he felt he was being made an example, and that he felt the only way to highlight the need to change the law was by breaking it. The ''

Fort Worth Star-Telegram The ''Fort Worth Star-Telegram'' is an American daily newspaper serving Fort Worth and Tarrant County, the western half of the North Texas area known as the Metroplex. It is owned by The McClatchy Company. History In May 1905, Amon G. Car ...

'' speculated that Gaddy's sentence may have been influenced by the fact that his trial took place during national Red Ribbon Week, which honors Enrique Camarena, a

Drug Enforcement Administration The Drug Enforcement Administration (DEA) is a Federal law enforcement in the United States, United States federal law enforcement agency under the U.S. Department of Justice tasked with combating illicit Illegal drug trade, drug trafficking a ...

undercover agent A covert operation or undercover operation is a military or police operation involving a covert agent or troops acting under an assumed cover to conceal the identity of the party responsible. US law Under US law, the Central Intelligence Ag ...

who was tortured and murdered. Stefanoff, 38 at the time of arrest, was the second to stand trial. The judge was Warner. The jury deliberated for just 20 minutes. Stefanoff was sentenced to six months in jail. Ptak, 33, was the last to stand trial. He was sentenced to probation, and paid a fine.

Responses to trial outcomes

Hunger strikes

Gaddy started a hunger strike when his sentence began on November 14, 1991. He was put under medical supervision, and wrote a letter to

Governor A governor is an politician, administrative leader and head of a polity or Region#Political regions, political region, in some cases, such as governor-general, governors-general, as the head of a state's official representative. Depending on the ...

Ann Richards Dorothy Ann Richards (née Willis; September 1, 1933 – September 13, 2006) was an American politician who served as the 45th governor of Texas from 1991 to 1995. A Democrat, she first came to national attention as the Texas State Treasurer, ...

asking for a pardon. On November 22, about 30 supporters demonstrated outside the jail, chanting “Let Joe go.” He ended his hunger strike after 18 days, on December 2, when Sheriff Paul Hastings carried out a court order to feed Gaddy intravenously and had a needle inserted into his arm. Stefanoff said he wore clothing woven from hemp fabric when he arrived at the jail, on June 3, 1993. He started a hunger strike when his sentence began, and said he would not eat until President

Bill Clinton William Jefferson Clinton (né Blythe III; born August 19, 1946) is an American politician and lawyer who was the 42nd president of the United States from 1993 to 2001. A member of the Democratic Party (United States), Democratic Party, ...

publicly accepted literature and a brochure about the usefulness of

hemp Hemp, or industrial hemp, is a plant in the botanical class of ''Cannabis sativa'' cultivars grown specifically for industrial and consumable use. It can be used to make a wide range of products. Along with bamboo, hemp is among the fastest ...

from him. Stefanoff was put under medical supervision and ended his hunger strike on July 6, after 34 days.

Hemp City

During Stefanoff's hunger strike, his supporters camped out in front of the jail in a

tent city A tent city is a temporary housing facility made using tents or other temporary structures. State governments or military organizations set up tent cities to house evacuees, refugees, or soldiers. UNICEF's Supply Division supplies expandable te ...

called Hemp Town, which grew as followers joined. Ptak was awarded ''

High Times ''High Times'' was an American monthly magazine (and cannabis brand) that advocates the legalization of cannabis as well as other counterculture ideas. The magazine was founded in 1974 by Tom Forcade. The magazine had its own book publishing d ...

'' magazine's Freedom Fighter of the Month for his leadership in facilitating the demonstration. Vicki Hartin was another local leader. Stahl was one of the supporters during the encampment outside the jail and he started a hunger strike at the same time as Stefanoff, which lasted 16 days. A half-dozen tents on the lawn next to the police station housed 20 activists. The ''

San Antonio Express-News The ''San Antonio Express-News'' is a daily newspaper in San Antonio, Texas, founded in 1865. It is owned by the Hearst Corporation and has offices in San Antonio and Austin, Texas. The ''Express-News'' is the third largest newspaper in the sta ...

'' wrote that the protesters regard hemp as a “miracle herb” with great potential as a source of fuel, fiber and medicine. Nationally, Green Panthers coordinated publicity and public relations for the Hemp City protest. According to Stahl, the tent city was in front of the jail for more than a month, until they were evicted by sheriff's deputies on July 7, 1993. They moved their tents across the street to the main square in front of the

county courthouse A courthouse or court house is a structure which houses judicial functions for a governmental entity such as a state, region, province, county, prefecture, regency, or similar governmental unit. A courthouse is home to one or more courtrooms, ...

in San Marcos until they were asked to leave by police on July 9. Then they relocated to Five Mile Dam, a county park just outside San Marcos, where Hemp City remained for another month, until August, 1993.

Arrests of supporters

July 4 Events Pre-1600 * 362 BC – Battle of Mantinea: The Thebans, led by Epaminondas, defeated the Spartans. * 414 – Emperor Theodosius II, age 13, yields power to his older sister Aelia Pulcheria, who reigned as regent and procla ...

, 1993, Billy Jack Williams turned himself in for marijuana possession in an act of civil disobedience in support of Stefanoff inside the jail. Williams was freed after posting a bond. Two days later, on July 6, 1993, Stahl was arrested for trespassing when he refused to leave the jail property. A jury, in 1994, found Stahl not guilty of trespassing.

Stefanoff's lawsuit

Stefanoff filed a lawsuit against Hays County, and the sheriff personally, for refusing to release him early for good conduct. The case was dismissed in 1998.

After 1993

Ptak was arrested and stood trial in 1996 for possession of 1.5 grams of marijuana. He mounted a successful legal defense on grounds of

medical necessity Medical necessity is a legal doctrine in the United States related to activities that may be justified as reasonable, necessary, and/or appropriate based on evidence-based clinical standards of care. In contrast, unnecessary health care lacks s ...

, which he said was the first such successful defense in Texas. In 1997, Stefanoff was arrested for possessing about 2 pounds of marijuana. At his trial he offered a medical necessity defense and said that he used marijuana to alleviate the symptoms of

posttraumatic stress disorder Post-traumatic stress disorder (PTSD) is a mental disorder that develops from experiencing a Psychological trauma, traumatic event, such as sexual assault, domestic violence, child abuse, warfare and its associated traumas, natural disaster ...

as a Vietnam War Army veteran. The jury found him guilty. He appealed the conviction and sentence and lost. In 1997, Ptak and Stefanoff continued their free speech activism and started a

pirate radio Pirate radio is a radio station that broadcasts without a valid license, whether an invalid license or no license at all. In some cases, radio stations are considered legal where the signal is transmitted, but illegal where the signals are rec ...

station called Micro KIND Radio 105.9 FM. Stefanoff ran unsuccessfully for Hays County commissioner, and sheriff. Rodriguez Scales ran for mayor, justice of the peace, and council in San Marcos. Dodd, a student at the time of the protests, became employed by the

Women's International League for Peace and Freedom The Women's International League for Peace and Freedom (WILPF) is a non-profit non-governmental organization working "to bring together women of different political views and philosophical and religious backgrounds determined to study and make kno ...

. In 2000, at a march and rally at the

Texas State Capitol The Texas State Capitol is the capitol and seat of government of the U.S. state of Texas. Located in downtown Austin, Texas, the structure houses the offices and chambers of the Texas Legislature and of the Governor of Texas. Designed in 188 ...

in Austin that included about 300 people, Stefanoff encouraged people to engage in civil disobedience, like he did, as a way of forcing the end to cannabis prohibition.

Notes

References

Associated Press The Associated Press (AP) is an American not-for-profit organization, not-for-profit news agency headquartered in New York City. Founded in 1846, it operates as a cooperative, unincorporated association, and produces news reports that are dist ...

** ''

Kerrville Daily Times The ''Kerrville Daily Times'', formerly the ''Kerrville Times'' and ''Centerpoint News'', is a local and regional newspaper published in Kerrville, Texas, United States serving the hill country, Kerrville, and Kerr County. It was first publishe ...

'', p. 3, (October 24, 1991).
Protestor gets jail time for smoking pot at lockup
. ** ''

'', p. 2, (November 22, 1991).
State hunger striker moved to Hays County jail
. ** ''

The Paris News ''The Paris News'' is a newspaper based in Paris, Texas, covering the Northeast Texas counties of Lamar, Delta, Red River and Fannin, plus Choctaw County, Oklahoma. It publishes three days a week (Tuesdays, Thursdays, and Sundays). It is owne ...

'', p. 3, (November 24, 1991).
Marijuana supporters lead vigil outside jail
. ** ''

'', p. 2, (April 16, 1993).
Marijuana activist gets day in court
. ** ''

'', p. 5, (June 3, 1993).
Protester begins jail term
. ** ''

Austin American-Statesman The ''Austin American-Statesman'' is the major daily newspaper for Austin, the capital city of the U.S. state of Texas. It is owned by Hearst Communications. The distribution of the following ''The New York Times'', ''The Washington Post'', '' ...

'', p. B1, (June 17, 1993).
'Spacey' Hunger Striker Protests Marijuana Laws
. ** ''

New Braunfels Herald-Zeitung The ''New Braunfels Herald-Zeitung'' is a newspaper based in New Braunfels, Texas, covering the Comal County area of Central Texas. It publishes five days a week (excluding Sunday and Monday). It is owned by Southern Newspapers. History Ear ...

'', p. 3, (July 8, 1993).
Pro-marijuana demonstration over after four weeks
. * Barneburg, Tina (March 16, 1991). "3 puff marijuana in front of police". ''

'', p. 7A. * Borden, Keefe (December 5, 1991). "Steak, potatoes end 18-day hunger strike". ''

'', p. 2F. * Dodge, Larry (1994).
A chat with Brett
. ''The FIJActivist Number 17. Autumn 1994'', pp. 18–22. * Donald, Mark (March 22, 2001).
Joint Effort
. ''

Dallas Observer ''Dallas Observer'' is a free digital and print publication based in Dallas, Texas. The ''Observer'' publishes daily online coverage of local news, restaurants, music, and arts, as well as longform narrative journalism. A weekly print issue circ ...

''. * Hartin, Vicki (July 1991). "Freedom Fighters of the Month: The San Marcos Seven". ''

''. * Hiott, Debbie (July 7, 1993). "No protesters allowed: Demonstrators who support San Marcos inmate, use of hemp asked to leave jail grounds". ''

'', p. B1. * Kushibab, Pete (2003).
Forum Analysis In Public Colleges and Universities
. ''24th Annual National Conference of Law & Higher Education'', pp. 11–12. * MacCormack, John (July 2, 1993). "Marijuana-law protest sprouts outside jail". ''

'', p. 10D. * New York Times, The (April 10, 1991).
San Marcos Journal; A Move for Marijuana Where the 60's Survive
. * Potter, Karen (November 28, 1991).
Legalized-pot drive claims ecology goal: Texas protesters stage smoke-ins, hunger strikes
. ''

'', p. 24. * Price, Asher (March 18, 2005).
Hemp Petition Makes the Rounds: 15 Years After Pot Arrests, Demonstrators Switch Tactics
. ''

''. *

Prison Legal News ''Prison Legal News'' (''PLN'') is a monthly American magazine and online periodical published since May 1990. It primarily reports on criminal justice issues and prison and jail-related civil litigation, mainly in the United States. It is a pro ...

(April 1999).
Denial of Good Time Because of Jury Sentencing Choice Violates Equal Protection
, p. 21. * Pyle, Emily (June 22, 2001).
The Death and Life of Free Radio: Austin Microradio Lived Fast and Died Young. Will the Movement Live to Broadcast Another Day?
. ''

The Austin Chronicle ''The Austin Chronicle'' is an alternative weekly newspaper published every Thursday in Austin, Texas, United States. The paper is distributed through free news-stands, often at local eateries or coffee houses frequented by its targeted demogra ...

''. *

(July 7, 1993)."20 Hays County marijuana-law protesters issued tent city eviction notices", p. 12C. * Strahan, Amy (May 7, 2000).
Demonstrators urge marijuana legalization
. ''

Amarillo Globe-News The ''Amarillo Globe-News'' is a daily newspaper in Amarillo, Texas, owned by Gannett. The newspaper is based at downtown's FirstBank Southwest Tower, but is printed at a facility in Lubbock.Tim Howsare, "", ''Amarillo Globe-News'', September 1 ...

''. * Texas Observer, The (February 19, 1999)
Left Field: Sputnik, The Busch Beat, The Bush Beat, KIND Radio
. * Turner, Allen (January 13, 1996).
Ponytailed Candidate Runs Texas Sheriff's Race On Pro-marijuana Platform
. ''

Houston Chronicle The ''Houston Chronicle'' is the largest daily newspaper in Houston, Houston, Texas, United States. it is the third-largest newspaper by Sunday circulation in the United States, behind only ''The New York Times'' and the ''Los Angeles Times''. ...

''. * Weinberg, Bill (October 1993). "Freedom Fighters of the Month: Hemp City & the San Marcos Hunger Strikers". ''

'', pp. 26–34. {{Portal bar, Cannabis, Law, Texas 1991 in cannabis 1993 in cannabis 1991 in Texas 1993 in Texas 1991 protests 1993 protests American cannabis activists Cannabis in Texas People convicted of cannabis offenses Protests in Texas San Marcos, Texas