cannabisnews.com: Woman with MS Convicted of Possessing Marijuana 





Woman with MS Convicted of Possessing Marijuana 
Posted by FoM on January 29, 2001 at 08:50:00 PT
By Catherine Strong, Associated Press
Source: Detroit News 
A Michigan woman with multiple sclerosis was convicted Friday of possessing marijuana in a congressman's Capitol Hill office in 1998. Renee Emry Wolfe went to the office of Rep. Bill McCollum with a marijuana joint and a sign to protest his resolution on the House floor that day that said marijuana is a dangerous drug and should not be legalized for medical use, prosecutors argued. It is illegal to possess marijuana in Washington, D.C. 
Wolfe's lawyer said she lit up the joint in the congressman's office on Sept. 15 out of medical necessity because it is the only way she gets relief from an oncoming attack of shaking and muscle tightening caused by her MS. Judge Stephanie Duncan-Peters of the District of Columbia Superior Court ruled in a nonjury trial that the defense had not met the burden of proof necessary for a medical defense. However, she gave Wolfe a light sentence of 50 hours of volunteer community service and asked her to pay court costs of $50. The judge avoided imposing a formal probation that might have sent the Ann Arbor woman back to court for smoking marijuana. "I would prefer that (Wolfe) return to her home and deal with her medical condition in whatever way she and her doctor deem appropriate," Duncan-Peters said. Defense lawyer Jeffrey Orchard said he would consider whether to appeal the case. The judge said there was little evidence Wolfe was suffering an attack of shaking at the congressman's office, and Wolfe apparently had not tried many alternative legal drugs for MS to see whether she suffered side effects from them. "I do believe Mrs. Wolfe is guilty of possession," Duncan-Peters said. "I don't think a necessity defense has been made out in this case." The defense never disputed that Mrs. Wolfe lit up the joint and was carrying a banner that said: "I use marijuana for medical purposes." Orchard argued that Wolfe intended to simply tell the congressman about her own experience with marijuana but started to feel tense in a stressful environment when the congressman's aides did not want to talk with her. When she felt an attack of shaking coming on, she lit up the joint, he said. "To avoid the dangers involved would mean never leaving her house," Orchard said in closing arguments earlier in the day. Mrs. Wolfe, he said, "was willing to go into the lion's den to express a simple truth, not to protest, not to thumb her nose at the government." A neurologist, Dr. Denis Petro, said marijuana works as a muscle relaxant within seconds, if not a few minutes, allowing people with multiple sclerosis to control their shaking, or spasticity, as it occurs. Other drugs had severe side effects or were not effective, he said. Mrs. Wolfe had tried another drug but it caused mood swings and upset her stomach. Prosecutor Alex Bourelly acknowledged "this is a unique case, and a unique defense" but it was clear Mrs. Wolfe possessed the marijuana. He said the defense had failed to prove medical necessity because legal alternative drugs were available and it was not shown Mrs. Wolfe needed to smoke marijuana at the congressman's office. The judge agreed. "I think this case comes down to whether there was a necessity for (Wolfe) to possess marijuana on that day in the District of Columbia," Duncan-Peters said. "There isn't any evidence she was suffering an attack of spasticity at the time she was in the congressman's office," the judge said, noting Wolfe had prepared for the meeting, even bringing a sign. Mrs. Wolfe had hoped the case would draw attention to whether people with multiple sclerosis should be able to use marijuana for medical purposes. Mrs. Wolfe has difficulty walking and usually sits in a wheelchair. "If part of her purpose or all of her purpose is to educate, I certainly consider myself educated during the process of this trial," the judge said after sentencing. Mrs. Wolfe said she was encouraged by the judge's remarks that she might be able to convince others that marijuana was important for controlling MS symptoms. A half-dozen states have passed ballot measures to legalize marijuana as medication, but the drug is banned by federal law and doctors hesitate to prescribe it. Nearly 70 percent of voters in the nation's capital voted to allow the medical use of marijuana last year, but Congress has blocked the measure from becoming law. Complete Title: Woman with MS Convicted of Possessing Marijuana in Congressman's OfficeSource: Detroit News (MI) Author: Catherine Strong, Associated Press Published: January 29, 2001Copyright: 2001, The Detroit News Contact: letters detnews.com Website: http://www.detnews.com/ Feedback: http://data.detnews.com:8081/feedback/ Related Articles:Doctor Testifies Thousands with MS Use Marijuanahttp://cannabisnews.com/news/thread8407.shtmlWolfe Declines To Testify In Pot Trial http://cannabisnews.com/news/thread4473.shtmlCannabisNews Medical Marijuana Archiveshttp://cannabisnews.com/news/list/medical.shtml 
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Comment #2 posted by observer on January 29, 2001 at 18:52:49 PT
Witch Test Problems?
Hmmmm. In that case, I guess this sort of thing would make you really mad:Friday January 26 4:42 PM ETCook Laces Cop's Food With Pot http://dailynews.yahoo.com/h/ap/20010126/us/brf_pot_laced_taquito_1.htmlOne can only wonder how many other positive pee tests, job losses, besmirched reputations, loss of pensions, revocations of parole/probations with jail time, discharges from the military and jailtime following court marshall, have happened to "good upstanding citizens" (many of whom egged on the jailing of "recreational" marijuana users) in similar incidents. Wars have collateral damages sometimes, no? I think such collateral damage is something that can be placed squarely and 100% at the feet of prohibitionists, and the "Good Germans Americans" who quietly accepted the "war on drugs" as something righteous, something to punish other people. I applaud Ms Wolfe: I assume the ventilation was more than adequate for the small amount she smoked. If someone was directly harmed by toxic components of her smoke, that would indeed be truly regrettable.That said, on the other hand, if the only "harm" is that some drug warriors (or others) simply "pos. out" on a drug-war loyality test, a test that only exists because of drug warriors' policies, then we can thank the drug warriors for that also. Ms Wolf is a hero to many for having the courage to carry out this act of civil disobedience. The congressman's constituents got a graphic display of drug war bigotry in action. I'd like to think that played some part in his recent defeat on a reelection bid. Problems from drug testing can't be blamed on Ms Wolf, we have to thank drug warriors for problems caused to innocents because of drug warriors' witch's tests. 
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Comment #1 posted by Be Responsable on January 29, 2001 at 18:16:41 PT
Woman MS Convicted of Possing Marijuana in Congres
Quit smoking in public places. Some people no more want a contact BUZZ than to get drunk. It is possable to fail a drug test due to the iresponsability of the user. 
http://data.detnews.com:8081/Feedback/
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