cannabisnews.com: This Is My Medicine










  This Is My Medicine

Posted by CN Staff on April 24, 2003 at 10:47:06 PT
By Bill Lueders     
Source: Isthmus 

During last fall's campaign for Dane County District Attorney, Brian Blanchard told a forum his office "doesn't target marijuana use as a criminal event." Stephanie Rearick of Progressive Dane's drug policy task force adds that, in discussions with her, he gave "qualified support" for the concept of letting people use medical marijuana.You couldn't prove it by Steve Wessing.
Wessing, 41, is facing two misdemeanor criminal charges as the result of being busted last October with a half-pound of pot and 30 grams of hashish. His Madison home was raided after Customs Agents allegedly intercepted more than a dozen packages of hash addressed to him from Amsterdam, which he had visited.Wessing's defense, advanced by Madison attorney Peter Steinberg, is that he uses marijuana medicinally to control chronic pain, muscle spasms and headaches stemming from congenital spina bifida occulta and other ailments. Last November, two weeks after the raid on his home, Wessing was examined by Dr. Phillip Leveque, an Oregon physician sympathetic to medical marijuana patients. Leveque concluded that marijuana "gives the best pain relief" to Wessing, who has used it since age nine."I've made it clear over the years that this is my medicine," says Wessing, who receives SSI payments on account of his disability. "I don't use any other drugs. I almost never even drink."Indeed, Wessing uses marijuana precisely it doesn't entail the debilitating narcotic effects of other medications, like Oxycodone and Darvon, that he could legally obtain. Marijuana, he says, "relieves my pain, relieves my muscle spasms, reduces my headaches." But it doesn't leave him unable to function.Wessing, who has lived in Madison since 1990 and has no non-traffic criminal record, has given up pot for months at a time, proving to himself that he is not addicted. But, he says, "my muscle spasms get worse and I have more headaches."Angela Chase, Wessing's "significant other," is a licensed social worker who has 15 years' experience dealing with mental-health and drug-and-alcohol-abuse issues. In her opinion, Wessing does not have a substance-abuse problem, because he does not use marijuana as an intoxicant. "He uses is to treat a medical problem. He uses it to decrease his pain. It's his method of pain management."But Blanchard's office is seeking to shut down Wessing's defense. Assistant District Attorney Jason Hanson recently filed a motion seeking to bar "any evidence of the defendant's medical conditions or medical use of marijuana," deeming this to be "irrelevant." The only issue, argued Hanson, is that THC is a controlled substance, and Wessing knew it.Blanchard, who knows of no other local case in which a defendant has sought to present a medical marijuana defense, says his office isn't buying it in this case because Wessing only sought a diagnosis after his arrest. And then he went to Dr. Leveque, who Blanchard calls "a semi-retired osteopath who specializes in handing out marijuana prescriptions." (Leveque, a doctor of osteopathy and longtime professor of pharmacology, has approved medical marijuana use for more than 2,000 patients, while rejecting some requests.)If Wessing's claim to marijuana use for pain management were valid, Blanchard thinks there should be other physicians willing to say so besides "this guy in Oregon." He even suggests doing so would be in keeping with their Hypocratic Oath.But Steinberg, who a few years back ran for DA on the promise that he would not prosecute marijuana cases, says patients with a valid medical need for marijuana must turn to physicians like Leveque because others are not as courageous."I'm not aware of any doctor around here who's prepared to take those risks," says Steinberg, adding that physicians' fears of repercussions may be well-grounded. "We're dealing with a federal government that's made it plain it intends to stop this concept of medical marijuana. There's no reason to assume it won't be heavy-handed."Besides, says Steinberg, Dane County prosecutors have signaled that having a second opinion wouldn't matter anyway: "By filing a motion which says it's not a defense, they've basically said they won't accept the position of any doctor."Blanchard demurs, saying this motion was filed only because his office does not accept that Wessing has a medical need. He says he never meant to suggest, during the campaign, that his office does not treat some pot offenses as crimes, only that it does not make such cases a priority. The prosecution against Wessing is proceeding, explains Blanchard, because of the quantities and circumstances: "This case is not just someone who has a few joints in his ash tray."Steinberg says the quantity with which Wessing was caught is consistent with medical marijuana use. He's obtained an statement from Texas resident George McMahon, one of a handful of U.S. citizens whose use of marijuana for medicinal purposes in legally recognized by the federal government. McMahon goes through a half-pound of Uncle Sam's stash per month."This is a medical case," says Steinberg of Wessing's circumstance. "It's nothing but a medical case. And the district attorney chooses not to treat it as such."Wessing, who uses marijuana three to five times a day, the level Leveque agreed was appropriate, says he has never sold or provided marijuana to others. The reason he had such a significant quantity is that supplies are never guaranteed: "I'm afraid of running out. Any time I have an opportunity to get marijuana, I get it."In January, the DA's office offered what Blanchard calls a "very reasonable" plea bargain. Wessing could avoid jail time if he agreed to 24 months probation and "the usual drug conditions," which includes regular testing. Steinberg rejected the deal, arguing that Wessing is "constitutionally entitled to make personal medical choices without interference from the state." He urged the office to dismiss the charges "on compassionate grounds."Wessing is also intent on rejecting any deal that requires him "not to use my medicine. That's not in the cards for me. I don't plan to stop using marijuana."The case is set for trial on Aug. 28.Note: But DA's office says man's pot use is a crime, plain and simple.Related documents online at: http://www.thedailypage.com/features/docfeed/docs/document.php?intdocid=18Newshawk: Is My Medicine Legal YET? -- http://www.immly.orgSource: Isthmus (WI)Author: Bill LuedersPublished: April 24, 2003Contact: edit isthmus.comCopyright: 2003 IsthmusWebsite: http://www.thedailypage.com/Related Articles & Web Site:Medical Marijuana Information Linkshttp://freedomtoexhale.com/medical.htmBill Would Allow Medical Defense in Trials http://cannabisnews.com/news/thread15937.shtmlBill Allows Medical Marijuana Defense http://cannabisnews.com/news/thread15930.shtml CannabisNews Medical Marijuana Archiveshttp://cannabisnews.com/news/list/medical.shtml

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Comment #12 posted by paulpeterson on April 27, 2003 at 13:02:07 PT
ILLINOIS OLDEST MM LAW IN NATION-1971
Sorry, guys in Madison, Wisconsin, Illinois trumps you guys. Effective 8/16/71, Illinois revamped the entire Cannabis Code, and Ebbessen snuck through a good "research" section (720 ILCS 550, section 11 & 15). It had weak "may" language, without any meat on the bones, which was substantially improved 1/1/79 with a MANDATE to "promptly authorize" where a "certification" was given by a doctor.Obviously, just like many of the socalled "symbolic" laws on the books in many states, this still awaits testing in court. However, in direct contravention to state department documents (DHS) the predecessor department had a world class PROGRAM from 1979 to say, 1983, when the Reagan storm troopers gallouped through the windy city state and slaughtered the program with federal bribe money (some 5 MILLION if my records are correct).Obviously, the fact that the political handlers of Illinois are too scared to be daring on this thing is EXACTLY why I have not been allowed to practice law since 2001, appeal pending, of course.I filed suit in Chicago federal district court last fall and still await a ruling on the Illinois Supreme Court's motion to dismiss my lawsuit against them: I am also asking the federal judge to force the FBI & DOJ to prosecute the lawyer police goons (that is the Illinois ARDC), for mail fraud, perjury and establishment clause constitutional violations. Of course, I am also asking for a finding that the Controlled Substances Act is unconstitutional as applied to wholly intrastate use of medical marijuana. With that new action from our California brethren in their federal court, I guess it is time to up the rhetoric and serve the feds now (their local offices refused to accept direct service last fall). I figured I needed to let this battle mature a bit more and thanks for the help from other states.These frenzied attempts by the FDA drug company goons to keep this world class medication under wraps (to save some $50 BILLION in Bush buddy drug sale profits) will not long prevail.Keep the faith (and by the way I am starting a church in Illinois under the federal "Religious Freedom Restoration Act" of 1993-just waiting for the judge to issue a "declaratory judgement" that the RFRA is good law in the 7th Circuit-there is a recent case from Indiana where a Rasty inmate was refused authorization to use pot on probation-since Indiana doesn't have even a symbolic MM law, the inmate failed in his attempt to invoke religious intolerance-because there was no discrimination, etc., and the guy would be involved in violating state law (Illinois is a bit different on these two pivotal points). More later. Just checking in. PAUL PETERSON (ON THE RUN NOW). 
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Comment #11 posted by FoM on April 25, 2003 at 09:20:52 PT

Richard
There is no comparison between Washington D.C. and California in my book. I lived back east until I was in my mid 20s. When we moved out here to Ohio it was like I finally felt free. When I think of back east I think of suits, ties and people going humph a lot. We never talked or knew our neighbors and when we met people out here everyone waves at everyone and it was the oddest thing for me to see. California is a wonderful free spirit state while back east is just the opposite. Washington D.C. is where the politicans are and I mind politics so much that I run from anything that represents politics. I hope they continue in California. That's the happening state. I just can't go because of my dog and many other things. I wouldn't put my dog in a kennel. He's my friend so I'm stuck. I'm happy with hearing all about it and am always with you in spirit! God Bless California!
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Comment #10 posted by Richard Lake on April 25, 2003 at 00:00:15 PT:

Could it be

that the huge quantities of quality herb have something to do with why NORML has held the conference is San Francisco the last couple of years?Or maybe it is because there is no fear in toking up right outside the conference room on the street?Or that the hotel is so nice about it all?I have done two DC conferences and two SF conferences.My choice is SF, no question. My heart is there. Not that I expect NORML to select conference sites based on my opinions....Richard
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Comment #9 posted by FoM on April 24, 2003 at 20:02:11 PT

Gary
If it is back in Washington next year I will be able to drive in. It isn't more then 6 or 7 hours. I've done east coast turn arounds from here without and west coast turn around help! LOL! I think that San Francisco is probably the better place just because it is California. Gary, if you ever are going east you are welcome to stop at are home and stay with us. I know if you drive it would be a nice break in your trip. Let me know if you are ever heading our way. Keep up the good work! 
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Comment #8 posted by Gary Storck on April 24, 2003 at 19:32:47 PT

NORML
I agree FoM. The folks at NORML have always been great, fighting the good fight when they were about the only reform group. 2003 was my third NORML Conference and they just keep getting better. I hope you can make it next year because it is like a family reunion! 
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Comment #7 posted by FoM on April 24, 2003 at 18:20:29 PT

Thanks Richard
I appreciate the link. I remember when I started newshawking for Mapinc. I wasn't sure what kind of news you wanted submitted and if you wanted news about Cannabis or only drug policy news. All I had was the desire to do news but no direction. I remember seeing what Gary hawked and thought he thinks like me. He likes the same news I do and it helped me to learn there are others that are really interested in the same type news. It gave me courage. I don't know people in many of the organizations. I know the work that different organizations do but NORML is special to me. Nicholas and I have talked about different things just like you and I have Richard. I've made them laugh too. I like that. I appreciate NORML the most. They have been kind to me and made me feel I do good work. That means so much to a person. It's not anything but feeling a need to know that our work is appreciated. I love this big family of activists. We're all so different but many of us are so much the same. 
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Comment #6 posted by Richard Lake on April 24, 2003 at 17:19:29 PT:

NORML conf. pictures on IMMLY website

This looks like as good a place, following Gary's note, to post a link to pictures on the IMMLY website:http://www.immly.org/2003_norml_conference_photos.htmYes, it is Madison, WI. Is there another Madtown where a paper would carry an article like the above?
IMMLY's NORML conference photo page
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Comment #5 posted by Gary Storck on April 24, 2003 at 16:18:37 PT

Madison Wisconsin -- Ordinance 23.20
23.20 REGULATIONS CONCERNING MARIJUANA AND CANNABIS. (Section 23.20 Cr. by Ord. 5833, 4-18-77)1) Purpose. The people of Madison specifically determine that the regulations herein contained concerning marijuana and cannabis are necessary to serve the ethical purpose of providing just and equitable legal treatment of the citizens of this community and to preserve the respect of such citizens for law, its process, and its administration.2) Definitions. In this section:Cannabis. The resin extracted from any part of the plant Cannabis Sativa L., or any other nonfibrous extract from any part of the plant containing delta-9-tetrahydrocannabinol.Casually possess. The possession of not more than twenty-eight (28) grams of cannabis, or one hundred and twelve (112) grams of marijuana.Marijuana. All parts of the plant Cannabis Sativa L., whether growing or not; the seeds thereof; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds. It does not include cannabis or any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination.23 - 12a Rev. 6/15/00Sec. 23.20(2) OFFENSES AGAINST PUBLIC POLICYPractitioner.1. A physician, dentist, veterinarian, podiatrist, scientific investigator, or other person licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to or administer a controlled substance in the course of professional practice or research in this state.2. A pharmacy, hospital, or other institution licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to, or administer a controlled substance in the course of professional practice or research in this state.Public place. A place which is in public ownership or a place to which the public has access; distinguished from a private place.(3) A person may casually possess marijuana or cannabis in a private place. Such casual possession is not a crime and is not subject to forfeiture.(4) No person shall casually possess marijuana or cannabis in a public place unless such marijuana or cannabis was obtained directly from or pursuant to a valid prescription or order of a practitioner while acting in the course of her, his, or its professional practice.(5) A violation of Subsection (4) of this ordinance shall be subject to a forfeiture of up to one hundred dollars ($100). (Am. by Ord. 9244, 8-14-87)(6) A violation of this ordinance is not a crime and shall not subject a person found in violation thereof to loss of civil rights or to other disabilities imposed upon a person convicted of a crime. No entry or other record may be made which indicates that a person alleged or found to have violated this ordinance has been arrested for, charged with, prosecuted for, or convicted of a crime.(7) Separability Clause. If any subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions hereof.(Section 23.20 Cr. by Ord. 5833, 4-18-77) 
Drug Policy Forum of Wisconsin
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Comment #4 posted by FoM on April 24, 2003 at 14:36:26 PT

palmspringsbum 
If you look at the source that I almost always put at the bottom of the page the state should be mentioned. I hope this helps. I know how hard it is to figure out where a paper is from sometimes. When I can't figured it out I go to the classified section of the paper and that helps me.Source: Isthmus (WI)
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Comment #3 posted by palmspringsbum on April 24, 2003 at 14:23:51 PT:

Madison? Madison where?
I wish these local newspapers would put the city and state on their home page. Is this Madison Wisconsin?
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Comment #2 posted by afterburner on April 24, 2003 at 13:15:43 PT:

War on Some Patients and their Plants?
War on debilitating narcotic effects of other medications, like Oxycodone and Darvon, that he could legally obtain? If the federal War on Drugs and the UN 'drug-free by 2008' goal rule, then these drugs are on the hit list. Rat-a-tat-tat.Wessing's defense, advanced by Madison attorney Peter Steinberg, is that he uses marijuana medicinally to control chronic pain, muscle spasms and headaches stemming from congenital spina bifida occulta and other ailments. Last November, two weeks after the raid on his home, Wessing was examined by Dr. Phillip Leveque, an Oregon physician sympathetic to medical marijuana patients. Leveque concluded that marijuana "gives the best pain relief" to Wessing, who has used it since age nine."I've made it clear over the years that this is my medicine," says Wessing, who receives SSI payments on account of his disability. "I don't use any other drugs. I almost never even drink."ego transcendence follows ego destruction, and suddenly there is no question.
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Comment #1 posted by medicinal toker on April 24, 2003 at 12:35:17 PT

DA must be made to pay the political price
Since Madison voters passed an initiative in 1976, codified into law as Madison Ordinance 23.20, Madison has been an oasis of cannabis tolerance. Ord. 23.20 specifically exempts medical use and even allows personal use possession on private property. It is said by Madison cannabis activist Ben Masel to be the oldest mmj law in the US, possibly worldwide. The DA gave the impression he supported mmj. To pull this in Madison means he will either have to relent, or lose the next election, which unfortunately is Nov. 2004. Madison will not forget what DA Blanchard has done!
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