cannabisnews.com: Artist's Pot Ruled Medical Marijuana Artist's Pot Ruled Medical Marijuana Posted by FoM on December 01, 2000 at 13:29:21 PT By Clark Mason, The Press Democrat Source: Press Democrat Almost two years after her arrest on charges of cultivating and selling marijuana, Jenner artist Mary Howard finally convinced Sonoma County prosecutors she is a legitimate medical-marijuana patient.Howard, whose criminal case ended with a plea bargain Thursday, said she has been through hell and dozens of court appearances in her battle with authorities. But District Attorney Mike Mullins said the 60-year-old woman had a lot more pot than she needed just for herself. Howard's case has been closely followed by the Sonoma County Alliance for Medical Marijuana, whose members have been critical of Mullins for prosecuting people the group believes were entitled to use medical marijuana."I don't find him compassionate on this subject. He's harassing us," Howard said. "We have a very heavy-handed D.A., taking people who are sick and persecuting them. He destroyed me financially."But Howard's defense attorney, Jamie Thistlethwaite, said Mullins "is understanding and compassionate regarding the use of medical marijuana."The prosecution could have insisted on a trial but agreed to a compromise, Thistlethwaite said.Howard pleaded no contest to a misdemeanor marijuana possession charge, and Mullins, in exchange, agreed to drop the felony charges. Howard also agreed to forfeit cash and growing equipment seized by authorities.Mullins said the ballot measure approved by voters in 1996 allowing medical marijuana has ambiguities and omissions, such as the amount of pot patients can use, where they get it, and how they obtain a physician's approval.Mullins said he believed Howard was selling some of the marijuana she was growing, but he was not confident he could prove it in court.Acting on an informant's tip, Sonoma County sheriff's deputies seized 153 plants and about 5 pounds of processed marijuana from Howard's Timber Cove residence in January 1999. Along with the grow lights from the indoor garden, they also took more than $4,000 in cash.Howard, an accomplished oil painter, said the money came from sales of her work and she was saving it for eye surgery.A cancer survivor with severe arthritis and back problems from two auto accidents, Howard said she uses about 2 pounds of marijuana a year to treat her aches and insomnia."Marijuana is the only thing that allows me to sleep without a hangover. I can use it every night and get up and go to work in the morning," she said.Mullins said the case dragged on for a number of reasons, including the length of time Howard's doctor took to provide a letter approving the use of the marijuana. Doctors are often hesitant to provide such recommendations, saying they fear reprisals from federal authorities.Thistlethwaite said the case was delayed in part by two operations Howard had and because she changed defense attorneys.Some of the conflict between authorities and medical-marijuana advocates in Sonoma County has been alleviated by a system that went into effect last year, after Howard was arrested.Medicinal users now must forward their doctor's recommendations to a Sonoma County Medical Association peer review committee. Once approval is granted, it's up to the individual to contact the district attorney's office, which then decides how much marijuana the person can have.The U.S. Supreme Court agreed Monday to hear an Oakland case that focuses on whether "medical necessity" is a defense against violating federal laws that prohibit distribution of marijuana.You can reach Staff Writer Clark Mason at 568-5312 or e-mail: cmason pressdemocrat.comNote: District attorney said painter had more cannabis, growing and processed, than needed.Source: Press Democrat, The (CA) Author: Clark Mason, The Press Democrat Published: December 1, 2000Copyright: 2000 The Press Democrat Address: Letters Editor, P. O. Box 569, Santa Rosa CA 95402 Fax: (707) 521-5305 Contact: letters pressdemo.com Website: http://www.pressdemo.com/ Forum: http://www.pressdemocrat.com/opinion/talk.htmlFeedback: http://www.pressdemocrat.com/opinion/letform.html CannabisNews Medical Marijuana Archiveshttp://cannabisnews.com/news/list/medical.shtml Home Comment Email Register Recent Comments Help Comment #3 posted by Rev. Jonathan Adler on December 03, 2000 at 10:38:39 PT: Medical Marijuana patient Many small cooperatives have sprung up. That is why a standardized approved primary cultivation facility in each jurisdiction is senseible and appropriate. Save these little old ladies from prison and ridicule by allowing legal access through facilities such as mine, Hawaii Medical Marijuana Institute. www.medijuana.com Law enforcement ought to be ashamed in cases such as this. Aloha Dr. Russo! I like your comments. Rev. Jonathan Adler/ Hawaii Medijuana Production Hawaii Medijuana [ Post Comment ] Comment #2 posted by Ed Carpenter on December 02, 2000 at 06:42:47 PT: Artist's Pot Ruled Medical Marijuana "But District Attorney MikeMullins said the 60-year-old woman had a lot more pot than she needed just for herself."I suppose, to a sick patient, that's a helluva lot better than not having enough. [ Post Comment ] Comment #1 posted by Ethan Russo, MD on December 02, 2000 at 04:57:54 PT: Call to All Physicians "Mullins said the case dragged on for a number of reasons, including the length of time Howard's doctor took to provide a letter approving the use of the marijuana. Doctors are often hesitant to provide such recommendations, saying they fear reprisals from federal authorities."Okay, by my brother and sister physicians, it is time to show you believe in the ideals of healing. Thanks to Conant vs. McCaffrey, and the brave doctors that brought the case, it is the current law of the land that you cannot be prosecuted for discussing or even recommending cannabis to your patients. You have a duty to inform patients of the full range of available remedies for their conditions, and their advantages and drawbacks. Now, get to work. Think for yourselves, and do not rely solely on the FDA, for they make mistakes sometimes (e.g., Rezulin and Lotronex are dangerous; thalidomide may have legitimate uses). Remember your oath, and try to do right for those you serve. Show your courage, compassion, and capability for independent and creative thought. [ Post Comment ] Post Comment Name: Optional Password: E-Mail: Subject: Comment: [Please refrain from using profanity in your message] Link URL: Link Title: