cannabisnews.com: Doctor, Expert Testify in Medicinal-Pot Trial!





Doctor, Expert Testify in Medicinal-Pot Trial!
Posted by FoM on July 29, 1999 at 09:06:32 PT
By Lise Fisher, Sun staff writer 
Source: The Gainesville Sun
BRONSON -- A Levy County marijuana case isn't about Joseph S. Tacl smoking joints, but whether his medical needs outweigh state drug laws, defense attorneys tried to show jurors Wednesday. 
None of the defense's witnesses, including a doctor and an expert on pharmacology and drug dependance, denied that Joseph S. Tacl, 46, has used marijuana. Last year, Tacl and his son, Michael, 20, were arrested for growing nine marijuana plants at their home, deputies reported. They also were charged with possession of drug paraphernalia and a bag of marijuana seeds. Tacl's wife, Ann, took the stand Wednesday and acknowledged that her husband smokes marijuana. "If he didn't smoke a joint he was unable to eat," she said. Tacl uses the drug to combat side effects from his prescription medication. He has taken a variety of costly pain and antidepressant medicine, from morphine to codeine, since 1993, when a van struck him. That medication, while relieving pain from the injury, has caused severe nausea and other health problems. But while prosecutors Wednesday focused on the men's arrest and marijuana use, Tacl's defense team tried to prove that his medical condition demands using the illegal drug. Scott Lipoff, a Gainesville pain management specialist who has been treating Tacl, said he did not recommend that Tacl use marijuana. But he told jurors that Tacl said the marijuana helped him deal with the side effects stemming from the prescribed medication. Defense attorneys called John Morgan, a New York pharmacology professor who has written about marijuana and is considered an expert on drug abuse. Morgan serves on advisory boards of at least two groups opposed to current drug laws. "I am not in favor of setting up a legal system to distribute all illegal drugs," Morgan said. But he also said he doesn't believe jail time helps people who use drugs. Morgan testified that, based on his medical expertise and Tacl's medical history, he believed Tacl needed marijuana for medicinal use. He also testified about the advantages of using marijuana. Morgan said marijuana doesn't have the kind of side effects like nausea caused by some of the prescribed medication Tacl uses. People who need marijuana for medical reasons have few options but to get it illegally, he said. After releasing the jury Wednesday, Circuit Judge Frederick Smith denied defense attorneys' motion to dismiss the case against the two men even though Smith said the evidence for a medicinal use defense is "substantial" and "compelling." Tacl and his son could face up to 10 years in prison for felony charges and another year for the misdemeanor paraphernalia charge. The case is expected to go to the jury today.Pubdate: July 29, 1999http://www.sunone.com/news/articles/07-29-99d.shtml Doctor Testifies On Man's Claim To Need MMJ - July 28,1999http://www.cannabisnews.com/news/thread2250.shtml
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Comment #1 posted by FoM on July 29, 1999 at 09:33:15 PT:
Joe Tacl Trial Update! 
Stephen Heath in Bronson FL Forwarded From Steve Heath,On Scene At The Tacl Trial In Bronson, FL.http://www.crrh.org/Hi from Florida and the Joe Tacl trial. Everything is looking pretty positive after the prosecution ran thru their first four law enforcement officers for accounts of Joe's scene. First was the helicopter PILOT who testified how they spotted Joe's NINE bigg plants from an altitude of 500+ feet and at a speed of over 80 MPH. Ok, so the next dude was a redneck cop who was the actual SPOTTER. Tho 20 years in law enforcement , he was not very polished at testifying....in fact admitted openly that he often flies the copter as well, tho he is not licensed to do so. The SGT on the scene walked us thru the boring evidence review. And finally the officer in charge testified and that was the highlight of the afternoon. Rick Rogers essentially lied about several key issues, and he did so rather POORLY. GARY WAINWRIGHT of New Orleans is heading the defense team, which will expand to five attorneys tomorrow during the final stages of prosectuion and the defense. He is extremely well prepared, and we are getting consistently good rulings from the judge here. Wainwright pinned Rogers on a number of key issues. Now picture dude. He is physically the very stereotype of the longtime Florida cop. mid 40's with 15 years on the Miami Dade narco scene. Dark hair, growing paunch with darkest suntan in the room. :-) Initially he began his testimony during Direct facing the attorneys and the jury and great eye contact yada yada as they walked him thru the same chain of evidence report. Upon cross however, Wainwright emerged from the rice paddy with knife in teeth and slip-wire garrot in his hands. :-) Within a few minutes he had this officer looking directly AWAY from both himself and the jury,,,,frankly looking down at the floor for almost half an hour as he peppered him with questions regarding his obvious contradictions.'Did you ever consider getting a search warrant?' No'Did you even stop to check with a superior officer when the unique situation of a marijuana prescription was presented to you?' No 'Did you take the time to inventory the money that you seized?' No "Do you EVER count the money obtained in a seizure?' Very rarely. "Is marijuana as dangerous as heroin or cocaine?" VERY grudging NO "Did you inventory the prescription drugs which you seized?" No Suffice to say, a sad testimony indeed. Tho clearly we still have to finish with defense tomorrow, we are feeling positive. Note that the SGT (third witness) cited her 11+ years of narcotics training and DEA special classes, but could not identify a vaporizer when shown. More tomorrow as it happens....Hope everyone is having a great week. Stephen Heath in Bronson FL. 
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