cannabisnews.com: Marijuana Charge May Be Reduced 





Marijuana Charge May Be Reduced 
Posted by CN Staff on October 01, 2004 at 07:33:36 PT
By Ian C. Storey, Record-Eagle Staff Writer
Source: Record-Eagle 
Traverse City -- An area man suffering from multiple sclerosis could plead guilty to a reduced charge of using marijuana.   Matthew Barber, 31, arrested in June with two ounces of marijuana - equivalent to a month's supply of the drug he says alleviates his MS symptoms - tentatively agreed to accept the plea pending results of a pre-sentencing report.
Grand Traverse County Prosecutor Dennis LaBelle said the misdemeanor is punishable up to 93 days in jail. But attorney Marian Kromkowski, who is working in Barber's defense with Dean Robb, said Barber will ask for a fine in lieu of jail time.   Barber is expected to go before 86th District Court Judge Michael Haley Monday for sentencing. Kromkowski said she has advised Barber not to comment until after he is sentenced.   "I am not sure what Judge Haley will do with it. It will be difficult," said LaBelle. "I don't envy Judge Haley at all considering the complexities of this case."   In a sentencing memorandum filed with the court, Kromkowski argued that because of documented benefits of marijuana use for Barber's condition, any probation requirement of drug screening "could prove counter-productive to Mr. Barber's continued health and comfort and may well bring him into repeated violations of a probation order."   "It is a hard case when folks have these serious illnesses and are just trying to secure their own health and comfort," she said. "There is a growing body of literature that seems to suggest that (medical marijuana) is a benefit."   LaBelle said there are several mitigating circumstances that exist in the Barber case, including medical documentation of his disease and the failed attempts to alleviate it with more traditional medications.   But LaBelle said there is a concern that the medical defense could open the door for those who cannot document a real need, a door he hopes to keep closed.   "The agenda of the normal people are not the same as Mr. Barber's," he said. "He has a documented case. ... The next person that walks in the door is going to have to be able to prove they are dying or on their way with medical records."Source: Traverse City Record-Eagle (MI)Author: Ian C. Storey, Record-Eagle Staff WriterPublished: October 1, 2004Copyright: 2004 The Traverse City Record-EagleContact: letters record-eagle.comWebsite: http://www.record-eagle.com/Related Articles & Web Site:Medicinal Cannabis Research Linkshttp://freedomtoexhale.com/research.htmNew Attorney Takes Case http://cannabisnews.com/news/thread19400.shtmlMS Sufferer Vows To Fight Pot Laws http://cannabisnews.com/news/thread19145.shtml 
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Comment #2 posted by Hope on October 01, 2004 at 22:21:56 PT
Why don't they just shoot him? 
"Grand Traverse County Prosecutor Dennis LaBelle said the misdemeanor is punishable up to 93 days in jail."
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Comment #1 posted by Overwhelmsam on October 01, 2004 at 15:00:32 PT
Hatred, or Concession?
"The agenda of the normal people are not the same as Mr. Barber's," he said. "He has a documented case. ... The next person that walks in the door is going to have to be able to prove they are dying or on their way with medical records."Damn! What's his problem? On the other hand, you could say he just blessed marijuana as long as you documented your illness. Depends on how you look at it.
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