cannabisnews.com: Judge Denies Man's Request To Dismiss Pot Charge Judge Denies Man's Request To Dismiss Pot Charge Posted by FoM on May 25, 2001 at 14:35:36 PT By The Associated Press Source: Associated Press A Superior Court judge has denied a request to drop charges against a New Vineyard man who claimed the state's medical marijuana law is flawed. Leonard Ellis, 63, admitted he grew too much marijuana to treat his muscular dystrophy symptoms as allowed under the Medicinal Marijuana Act, but he said the statue is flawed and he shouldn't be prosecuted. Judge Kirk Studstrup denied the request. ''It was assumed by the initiators of the legislation that marijuana would be readily available in small quantities,'' he said in his decision. However, he said, the law ''included very strict limitations on the medical conditions and the amounts allowed. The flexibility is not there, and there is no basis to grant a dismissal.'' Ellis' lawyer, David Sanders, argued the statute allows patients to use marijuana, but doesn't provide a reasonable provision for patients to acquire a constant supply of marijuana throughout the year. Ellis said that he smokes an average of five marijuana cigarettes a day to diminish his pain, and said he grew so much in his garden so he can store enough for the future. The Medicinal Marijuana Act allows patients suffering from a serious disease to possess six plants, of which no more than three may be mature, flowering plants. Patients may also have one ounce of harvested marijuana, if patients have a doctor's note recommending its use. Police said they found 83 plants, three coffee cans of harvested marijuana, 43 cigarettes, a baggy and a glass container at Ellis' home. ''I wanted to grow enough to last my lifetime,'' Ellis said. Ellis said the pain from the muscular dystrophy has gotten so bad that he occasionally spends weeks in bed, but the marijuana eases the pain of the muscle spasms. He said he couldn't tolerate the side effects of conventional medications. He said he couldn't afford to buy the amount of marijuana he needs to make his pain disappear a week's worth costs about $150. Sanders said Ellis shouldn't be held to a flawed law. ''The people of this state have recognized when someone is suffering from a chronic disease, they ought to be allowed to use marijuana,'' he said. ''Mr. Ellis has in fact broken the law, but has broken it for a good reason. He was only trying to get relief.'' Farmington, Maine Source: Associated PressPublished: May 25, 2001Copyright: 2001 Associated PressRelated Articles & Web Site:Mainers For Medical Rightshttp://www.mainers.org/Medical Marijuana Law Leaves Patients Vulnerablehttp://cannabisnews.com/news/thread8640.shtmlBail Eased for Medical Marijuana User's Need http://cannabisnews.com/news/thread7131.shtmlMan with Muscular Dystrophy Loses his Marijuana http://cannabisnews.com/news/thread6683.shtml Home Comment Email Register Recent Comments Help Comment #3 posted by Doctor Dave on May 26, 2001 at 10:25:14 PT Let's think about this Think about it... You're on a fixed income, you're so sickthat sometimes you can barely get out of bed in the morning,let alone tend to the frequent attention that cannabisplants can require. You want to cultivate your medicine,preferably just once (instead of being a lifetime farmer),and store it. But the flawed law places restrictions on youthat allow to to grow, but not in a way that fits into yourlife and illness.... What would you do?Quite honestly, I see exactly why he did this and probablywould have done the same if I were in his condition. Whythe police make trouble for nonviolent sick people issomething I'll never quite understand.Doctor Dave"A nation that makes war on huge numbers of its own peoplewill never truly be free." [ Post Comment ] Comment #2 posted by Joseph on May 26, 2001 at 04:45:37 PT 83 plants!!!! 83 plants is an awfull lot for personal use !anyway you can get seeds and just regrow.Police wan to get a life ganja is not a drug its a plant how can you make somit which grows naturally illegal [ Post Comment ] Comment #1 posted by Imprint on May 25, 2001 at 19:46:50 PT Push on the boundaries Mane first passed legislation to allow the sick to use marijuana and now they are going to push for unregulated amounts. Good for them. Push the boundaries is the right thing to do. One step at a time, little by little. I sure hope this guy doesn’t suffer too much for the cause. He has an illness to attend to. [ Post Comment ] Post Comment Name: Optional Password: E-Mail: Subject: Comment: [Please refrain from using profanity in your message] Link URL: Link Title: