Charges Dropped Against Medical Marijuana Patient In Missouri
Over on our state overview for Missouri, I mentioned the case of Kenneth Wells, a 57 year-old St. Charles man with no criminal record who was facing 5-15 years in prison for felony marijuana cultivation charges. Mr. Wells suffers from chronic seizures and had been using marijuana to treat his symptoms. As his doctor, whose testimony was ruled inadmissible because Missouri has no medical marijuana law, would have said:
“Marijuana is safe and effective in the treatment of seizure disorder as manifest in this case. In patients who have not obtained adequate seizure control with conventional therapy, cannabis offers a rational alternative at least as safe as conventional therapy for intractable chronic epileptic seizures. Mr. Wells has been exposed to multiple medications over the past 26 years to treat his seizures with risks far higher than with cannabis.”
The good news is that yesterday, the prosecutor handling the case sent Mr. Wells a letter to notify him that all charges were being dropped. So does this mean that patients in Missour no longer need to worry about being prosecuted for legitimate medical marijuana use? Not exactly.
The bad news is the charges weren’t dropped because the prosecutor suddenly grew a heart. He felt, despite the ruling preventing Wells’ physician from testifying, that it would have been difficult to keep evidence of his condition from the jury, who likely wouldn’t convict once they knew about the seizure disorder. In other words, he was worried that a non-conviction would have “muddied the waters” regarding Missouri’s approach to medical marijuana, which of course is to arrest and convict seriously ill people for using the medicine their doctor recommends.
I mention all this because a bill has been introduced in the Missouri legislature every year for the last four years that could have prevented this unfortunate situation. This year the bill had more sponsors than ever, including a Republican physician, but was once again denied a hearing. While it’s nice that Mr. Wells won’t be convicted, he and his defense attorney spent more than two years contesting these charges before they were eventually dropped. Imagine all the time, money, and hand wringing both he and the state could have saved if Missouri had a more sensible approach to medical marijuana and he hadn’t been arrested in the first place.
Tagged with: Medical Marijuana and Missouri by the author
17 comments
Had exactly the same situation in Idaho afew years back except we had the additonal fact that I am a recovering addict that couldnt and didnt use the medicine I was growing for my mate. Cost me a bunch. The state kept trying to scare me into a plea, along with offering better and better deals. When the prosecutor found out that I had said “NO DEALS ! If twelve people who are NOT cops and NOT lawyers agree that taking care of my mate makes mr a criminal then you better lock me up ’cause I dont belomg in any society that thinks like that ! ” , he folded.
NEVER EVER PLEA ! MAKE THEM PROVE IT !
google F.I.J.A.
The laws do not allow a Medical Defense but one Ideally could use the US Health Dept. patent on cannabis to argue it is in fact a wrongly classified Shecdule1 drug?
Once that starts happening and the knowledge of that patent is put to the M…ass media we will see a change in Medical Cannabis acceptance I believe.
I’ve been following the case rather closely via a rather helpful Suburban Journal reporter Steve Pokin. They kept postponing the thing forever. Wells wouldn’t back down, wouldn’t plea it out. My theory was… they couldn’t get a conviction because the jury would hang each time, it doesn’t take 12 jurors to convince it takes just one:) A Ron Paul supporter, a Libertarian, a “real” Tea Party member, just one person with a whole heart or one-third of a brain..
I heard in Prohibition V1.0 they started to not be able to convict, I’m hoping to start seeing a trend in Prohibition V2.0
Jury Nullifaction.
Teach it.
http://current.com/1van74c – Says he still can’t have drug offenses for two years! That means needs to find new medicine or watch his back!
Juror’s Handbook
http://www.fija.org/docs/JG_Jurors_Handbook.pdf
It is a trusted PPF file from the http://www.fija.org site read it educate yourself.
Just as people being arrested need to be read their Miranda rights, Juries should be read their jury nullification rights. What is the chance of this happening? You know.
Every jury I served on STRONGLY suggested that you NOT consider jury nullification.
When I was being considered for jury duty, I prepared a statement, since I noticed that each potential juror was asked whether they’d enforce the law if they didn’t agree with it. I was going to say, ‘The Constitution gives juries the right to judge the law as well as the facts of the case.’ I figured that would probably disqualify me, and possibly every potential juror in the room.
[...] in Daily life, Drug laws, Government, Law, Medical at 12:19 pm by LeisureGuy Interesting story blogged by Dan Riffle at MPP: Over on our state overview for Missouri, I mentioned the case of Kenneth [...]
them hillbillys running the laws in mo are just a bunch of hicks i was born and raised in mo my family history dates back 150 yrs we where hemp and tobacco growers and try and tell me great grandaddy didnt smoke a little herb wake up missouri
[...] Compassion in the Heart of America or just politics? Charges dropped against Missouri patient. [...]
The tide is turning and I’m ready to ride the ganga wave!
I swear the guy was lucky, in this area when someone gets 15 years the blogs in the paper make me ill as most say it is not enough DOPE KILLS YOU KNOW.
I am growing to dislike the people and stopped going to church as the people seem to figure that this life is not important … let them rot in jail then HEAVEN will be so nice for them.
Hoosiers are loosers
Just like in South Park, Kyle is the smart one here. Look up and learn about jury nullification. It is a power not a right which means the court does not have to inform you of it. I would say it is possibly the most important civic duty to inform yourself of this power and to apply it if you get the chance. As a juror your duty is not only to determine whether the law was broken but to also evaluate the law. Tyrannical judges hate it and will try to intimidate jurors who invoke this power. Fuck them and may they suffer a slow agonizing death.
Passage of Medical Marijuana legislation by the Missouri Legislature would make a positive difference in the lives of chronically ill patients. Legislation could be tightly written to require patients to provide documentation of specified illnesses. I for sure advocate that patients in Stage 3 or higher Kidney Disease be allowed use of medical marijuana. RM MSW, MPA
This thing about jury nullification was never brought to my attention in my case.My inadequate lawyer told me I pretty much had to plead guilty to a felony because if it was brought in front of a jury I might have to go to prison.I am an epileptic who used in the privacy of my own home,never dealt,raised my kids,worked a job<which I since do not have,paid my bills,taxes and didn't bother anyone.I was in the wrong place at the wrong time and I just keep paying over and over for this.
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