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Mr.C
Anonymous Tipster
Joined: 15 Jan 2008
Posts: 781
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 Posted: Fri Mar 28, 2008 5:23 am Post subject: Rare Victory Texas Medical Marijuana |
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Texas Patient Wins Landmark Acquittal in Medical Marijuana Case
Thursday, March 27 2008 @ 02:49 PM EDT
Edited by: Michael Hess
Rare Victory for "Necessity Defense" Seen as Potentially Trend-Setting
BBSNews 2008-03-27 -- (MPP) AMARILLO, TEXAS - A Texas patient who uses medical marijuana to treat the symptoms of HIV won acquittal on marijuana possession charges March 25 based on a "necessity defense." Though such a defense - which requires the defendant to establish that an otherwise illegal act was necessary to avoid imminent harm more serious than the harm prevented by the law he or she broke - has rarely been successful in Texas, the jury took just 11 minutes to acquit Tim Stevens, 53.
The trial was hotly contested.
Stevens had never been in trouble until Amarillo police arrested him for possessing less than 4 grams of marijuana. As a result of his HIV infection, Stevens suffers from nausea and cyclical vomiting syndrome, a condition so severe that he has required hospitalization and blood transfusions in the past.
Extensive research has established medical marijuana as an effective treatment for nausea and vomiting associated with HIV/AIDS and cancer chemotherapy, uses recently acknowledged by the prestigious American College of Physicians. Key in establishing Stevens' medical necessity was the testimony of Dr. Steve Jenison, medical director of the Infectious Diseases Bureau for the state of New Mexico's Department of Health.
"This case proved to be a testing ground for public attitudes toward medical marijuana," said attorney Jeff Blackburn, who represented Stevens. "Even in a very conservative part of a very conservative state, jurors were willing to listen to the facts about medical marijuana and give Tim a break, and I hope this case will help to create a trend in Texas."
"The common sense and decency exhibited by this Amarillo jury is typical of what we see from voters around the country," said Ray Warren, director of state policies for the Marijuana Policy Project in Washington, D.C., and a former North Carolina Superior Court judge.
"The American public doesn't want to see seriously ill patients arrested and jailed for simply trying to stay alive with the help of medical marijuana. It's time for legislators in Texas and around the country to follow the public's lead and take action to protect patients, so that no one battling a life-threatening illness has to live in fear of arrest."
http://bbsnews.net/article.php/20080327144902300
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Texas Medical Marijuana Victory!
A wonderful victory for compassion and common sense in Texas. From the Marijuana Policy Project
A Texas patient who uses medical marijuana to treat the symptoms of HIV won acquittal on marijuana possession charges March 25 based on a “necessity defense.” Though such a defense - which requires the defendant to establish that an otherwise illegal act was necessary to avoid imminent harm more serious than the harm prevented by the law he or she broke - has rarely been successful in Texas, the jury took just 11 minutes to acquit Tim Stevens, 53. The trial was hotly contested. .
That is a good summary of the necessity defense. Exactly what harm does Marijuana Prohibition prevent anyway? I would enjoy making this argument to a jury. How a prosecutor could try and justify this cruelty to a jury is beyond me. Of course, sometimes the duty of a prosecutor is to convict, not to see that justice is done.
Stevens had never been in trouble until Amarillo police arrested him for possessing less than 4 grams of marijuana. As a result of his HIV infection, Stevens suffers from nausea and cyclical vomiting syndrome, a condition so severe that he has required hospitalization and blood transfusions in the past.
I challenge any Prohibition Apologist to justify this arrest and trial. What kind of policy justifies turning sick patients with no criminal history into defendants? Do you feel safer when we arrest people like Tim?
The common sense and decency exhibited by this Amarillo jury is typical of what we see from voters around the country,” said Ray Warren, director of state policies for the Marijuana Policy Project in Washington, D.C., and a former North Carolina Superior Court judge. “The American public doesn’t want to see seriously ill patients arrested and jailed for simply trying to stay alive with the help of medical marijuana. It’s time for legislators in Texas and around the country to follow the public’s lead and take action to protect patients, so that no one battling a life-threatening illness has to live in fear of arrest.”
Great Work by Criminal Defense Lawyer Jeff Blackburn!
http://www.dallascriminaldefenselawyerblog.com/2008/03/texas_medical_marijuana_victor.html |
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socrateez
Moderator
Joined: 01 Feb 2008
Posts: 1370
Location: I'm your next door neighbor
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| Posted: Fri Mar 28, 2008 9:22 am Post subject: |
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 Nice! Logic, common sense, and compassion are a nice change in the courtroom.
Jurors have way more power than otherwise informed of. |
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von
Anonymous tipster
Joined: 25 Jan 2008
Posts: 400
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| Posted: Wed Apr 02, 2008 8:03 am Post subject: compassion |
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this is a great thing 'COMPASSION' everyone should have it. the medical necessity defense, i think it is legit. i have been disabled for 22 years and will scream in court 'MEDICAL NECESSITY' & COMPASSION. and keep my fingers crossed.
peace, von |
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Barry
CEO/NeverGetBusted.Com
Joined: 03 Apr 2007
Posts: 640
Location: Texas
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| Posted: Wed Apr 02, 2008 2:57 pm Post subject: |
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The police, prosecutors, judges and our federal government are not listening to us but juries will!!!! Use them often.
This case is a huge "conscience of Texas" test! I was thrilled to hear their verdict.
Barry |
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