New Jersey MS patient gets five years in prison for growing his own medical cannabis (17 plants)

[Fly by night]

MS Patient in N.J. Gets 5 Years in Prison for Growing Marijuana
March 30, 2010

http://www.jointogether.org/news/headlines/inthenews/2010/ms-patient-in-nj-gets-5.html

News summary: A New Jersey man who said he was growing marijuana in his home to treat his multiple-sclerosis symptoms has been sentenced to five years in prison on drug charges....

John Ray Wilson, 37, was convicted of second-degree drug manufacturing for growing 17 marijuana plants and third-degree possession of hallucinogenic psilocybin mushrooms. He was acquitted of first-degree operation of a drug-manufacturing facility....

"Many people who suffer from MS and other chronic diseases do not use it as justification to break the law," said Superior Court Judge Robert Reed, presiding in the case. The sentence was the lowest possible for the charges faced by Wilson.

Wilson has become a cause celebre for medical-marijuana activists in New Jersey and beyond. "I had no malicious intent to start a drug distribution facility," said Wilson during the trial. "Honestly, it was trying to treat my MS." The New Jersey Compassionate Use Medical Marijuana Act, recently signed into law and going into effect in July, will allow qualified medical users to access marijuana. Wilson was prohibited from using his illness as a defense during his trial, since at the time there were no exemptions for medical use in the state's drug laws.
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As sad (and as senseless) as this story is, John Ray Wilson's story obviously influenced the New Jersey legislature (and governor) to act to relieve the future burden of imprisonment for other MS sufferers and other seriously ill peole in that state.

These stories abound across our country, and they are influencing even conservative legislatures and conservative media like ours here in Tennessee to take the needs of seriously ill citizens for safe access to medical cannabis seriously.

For an excellent media cover story on Tennessee's effort, visit this link:

www.nashvillescene.com/2010-01-28/let-s-roll/

Here's hoping and praying that the name "John Ray Wilson" will be one of the last carved into the mammoth black memory wall that will chronicle for future (more enlightened) generations this failed and futile war on (some) drugs.

For the time being, Mr. Wilson will get a taste of one "single payer" health system's response to his multiple sclerosis -- the one run by the Bureau of Prisons. Good luck, Mr. Wilson, with that. Really.

FBN
Federal Bureau of Prisons # 16502-075

[Wickerman]

1. ...third-degree possession of hallucinogenic psilocybin mushrooms

made his defense a little awkward I imagine.

[Romulox]

2. I don't see the relevance. nt

[Wickerman]

5. mushrooms are illegal

In a court of law a jury may not buy the fact that you were growing the pot for your medical needs. Pretty simple, really.

Doesn't mean I condone his sentencing or don't hate our drug laws.

[Romulox]

7. And...this proves that man doesn't have MS? Or that marijuana doesn't alleviate its symptoms?

You need to be more specific.

What fact does the possession of magic mushrooms make more or less likely? A wink and a touch of the nose isn't enough in a court of law.

"In a court of law a jury may not buy the fact that you were growing the pot for your medical needs."

The jury wasn't allowed to hear his medical marijuana defense.

[Wickerman]

14. Did I say that didn't prove he had MS?

WTF. Infer much?

Having shrooms didn't help his case was my contention. It is a travesty that they didn't hear the facts of his defense.

"You need to be more specific. What fact does the possession of magic mushrooms make more or less likely? A wink and a touch of the nose isn't enough in a court of law."

I have no idea what you mean in that statement but no matter, it is clear that even though we agree in principal you are more interested in finding someone to be pissed off than in discussing issues.

Have a good day.

[Romulox]

15. No, but you said that mushrooms were a factor in determining his guilt or innocence

"I have no idea what you mean in that statement "

I was asking you to state explicitly what fact in controversy the possession of mushrooms made more or less likely (i.e. how is it "relevant" to his guilt or innocence on the marijuana charges). I'm sorry that this is an alien concept for you, but it's the one that is applied in a court of law. :shrug:

"it is clear that even though we agree in principal"

No. We don't! :hi:

[Wickerman]

18. Ok, I'm still finding the question a bit garbled

but I think you are asking why having possession of 'shrooms would make him guilty or innocent of possession of pot?

Seriously?

He has possession of pot. He has possession of 'shrooms. The two counts are tried together. Is the concept of how a jury processes alien to you? Of course if it is proven the defendant had 'shrooms its not going to help his pot case in the eyes of a jury.

All of this, of course is only pointless, argumentative bullshit because the real point is they should have considered his diagnosis and federal med pot laws. Even then, his 'shroom charge would not play favorably with a jury in deciding his pot possession.

[Romulox]

19. It's the legal definition of "relevance" you are struggling with! nt

[Wickerman]

21. not a bit, I'm not struggling at all

its your inablitiy to actually frame an argument that has any merit that I struggle with. Congrats, though, on being able to google a legal term! bonus.

[Romulox]

22. A question isn't an argument. I asked you how the psilocybin possesion was relevant

to his guilt on the other charges.

Still waiting for a substantive answer. :shrug:

[Wickerman]

23. I gave you an answer; that it doesn't suit your world view doesn't mean

that I didn't answer nor that it wasn't substantive. That we disagree doesn't mean that I didn't answer.

[Romulox]

24. Can you restate it in a sentence or two for clarity's sake? nt

[Wickerman]

25. LOL, you still haven't lost your edge

I think we are done here.

[Romulox]

26. So the answer is 'no'? nt

[Fly by night]

4. Yes, I am sure that didn't help.

However, neither did a prohibition against Mr. Wilson discussing his health condition (and how the use of medical cannabis mediated it) in court.

Some surveys of MS patients indicate that up to half now self-medicate with cannabis. Should they all go to prison ... or should we change our laws regarding safe access to medical cannabis?

That is the (real) question.

[Wickerman]

6. I'm in full support of medical cannabis

and I hate our drug laws on all levels. Just saying you do no good to your cause OR the cause of med pot when you are using clearly illegal substances.

I'm afraid his case dilutes the real question.

[Romulox]

11. I propose a "War on MS"! Grab your battering ram and shotgun! nt

[eShirl]

13. there are some conditions treatable w/ mushrooms

cluster headaches,for instance
http://www.clusterbusters.com/faq.html

(I don't know if this guy suffered from those)

[Romulox]

16. More likely, he's a guy with MS who likes shrooms.

I don't have a problem with it. And I don't think it has a bearing on whether or not he has a valid medical marijuana defense at all.

[benld74]

3. I wonder what I will get when they find mine. Diagnosed 1997

[bigtree]

17. depends on your state

some allow you to prove a medical reason in court

[xynthee]

31. You probably shouldn't mention it on the internets

Seriously, if you've ever mentioned anything about where you work, where you live, or any other identifying info on here, I'd be careful!!

I don't want to sound paranoid, but there really are RWers and general nutjobs who troll these message boards and use incriminating info to get people fired from their jobs or in trouble with the law.

I'm probably being unnecessarily paranoid, but I worry about things like this!! Sorry!

[no_hypocrisy]

8. He had no insurance and couldn't afford standard pharmaceutical treatment.

His only option was marijuana.

[2Design]

9. well at least he'll get health care not offered on the outside except gov't employees n/t

[Echo In Light]

10. Always look on the bright side!

[LynneSin]

12. That's the first thing I was thinking - at least he'll get good healthcare

:cry:

[Fumesucker]

20. In prison?

I seriously doubt it.

[datasuspect]

30. you've obviously never been to prison or have known a convict.

[fascisthunter]

27. great, now the state will have to feed him chemical meds instead for treatment

you know some dorky self-righteous idiot is getting off on this.

[Fly by night]

28. We need a serious cost comparison between allowing Mr. Wilson to grow some of his medicine ...

... vs. our taxes (or our ever-expanding debt) going to pay all his room and board for the next five years AND all his medical bills for the privilege of shoving the MS medicines of the government's choosing down his throat.

Hyperbole, maybe? Not by much.

[Fly by night]

29. One late afternoon self-kick in honor of Mr. Wilson