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On Monday a trial begins that could send John Wilson, who lives with Multiple Sclerosis, to prison until he dies. In 2008 John became another victim of marijuana prohibition when a NJ National Guard helicopter pilot spotted 17 cannabis plants behind his Franklin Township home. His father Ray began attending meetings for the non-profit group supporting the NJ medical marijuana legislation. Now, because of the dedicated effort by volunteers at the Coalition for Medical Marijuana New Jersey (CMMNJ) along with two NJ State Senators, Wilson could be the first person in the nation granted an Executive Pardon over cannabis grown for medical use.
Jury selection in Wilson’s trial begins on Monday December 14, 2009 and a large support rally is planned in front of the Somerset County Courthouse along with a luncheon fundraiser. Donations will go directly to John’s legal defense. Rally details here.
Recently Ed Hannaman, an attorney and member of the Board of Directors at CMMNJ wrote an OP-ED in the Times of Trenton about the case Medical marijuana: Compassion on trial:
Outrageously, but understandably, the prosecution desperately wants jurors to be denied all the truly relevant facts. It has fought to forbid Wilson from mentioning his disease, that marijuana has been proven to be an effective palliative for multiple sclerosis, that he was using it solely for that purpose, that 13 other states have legalized it for that purpose and that New Jersey is about to. All the jurors will be allowed to hear is evidence proving Wilson "manufactured" marijuana. This is the type of injustice one is accustomed to seeing in a dictatorship -- not in America. READ IN FULL
It was a letter from Hannaman to the NJ State Attorney General Anne Milgram, written with CMMNJ’s Executive Director Ken Wolski, that became the catalyst for the current wave of support for John.
Dear Attorney General Milgram:
I feel compelled to write to you on behalf of John Wilson, but also in the interests of justice, the conservation of State resources and to preserve the clarity of your conscience. As an attorney I believe this prosecution to be not only ill conceived under the circumstances and excessive in its object, but pursued in a manner that will lead to a grave injustice. READ IN FULL
The outrage was instant this summer Superior Court Judge Reed ordered that Wilson could not tell a jury that he suffers from Multiple Sclerosis in his marijuana cultivation trial. Advocates rallied in support of John in August at the Somerset County courthouse and the case garnered coverage from local and national media. Read more
John then refused to take a final plea deal from the state Attorney General’s Office this fall that would have sent him instantly to prison for a minimum of five years. For the 36 year old man living with MS, even 5 years could mean he might die in jail.
In an unprecedented move and a strong indicator to just how egregious John’s prosecution has been; State Senators Nicholas Scutari and Raymond Lesniak have asked for NJ Governor Jon Corzine to grant a pardon. They are both co-sponsors of the New Jersey Compassionate Use Medical Marijuana Act and Senator Scutari is himself a municipal prosecutor in Lynden. Their statement requesting the pardon was strongly worded:
“It seems cruel and unusual to treat New Jersey’s sick and dying as if they were drug cartel kingpins. Moreover, it is a complete waste of taxpayer money having to house and treat an MS patient in a jail at the public’s expense,” said Senator Scutari, D-Union, Middlesex and Somerset. “Specifically, in the case of John Ray Wilson, the State is taking a fiscally irresponsible hard-line approach against a man who’s simply seeking what little relief could be found from the debilitating effects of multiple sclerosis. Governor Corzine should step in immediately and end this perversion of criminal drug statutes in the Garden State.”
“Without compassion and a sense of moral right and wrong, laws are worth less than the paper they’re printed on,” said Senator Lesniak, D-Union. “New Jersey’s tough criminal drug laws were never intended to be used against patients suffering from chronic and terminal medical conditions. The prosecutors and presiding judge have set up a scenario where Mr. Wilson is no different than a common street thug in the eyes of the law.” Read their release in full
John and his family have told me that they would never expect a complete and total pardon of all the charges. But what the Senators have requested is an Executive Pardon of the first-degree felony offence of Operating a Drug Manufacturing Facility. That charge alone carries a minimum sentence of 15 years in state prison.
National media, including the Wall St Journal have taken notice of John’s case as they follow the New Jersey medical marijuana bill:
The Superior Court judge who will oversee the case has barred Mr. Wilson from explaining to the jury that he uses marijuana for his multiple sclerosis instead of more conventional medicines, which he said he can't afford, since he has no medical insurance.
If convicted, Mr. Wilson faces up to 20 years in prison. "It definitely helps for pain," Mr. Wilson said. "Stress can bring MS on. And I'm definitely under some stress."
David Wald, a spokesman for the state attorney general, which is arguing the state's position, said: "We're prosecuting the law." Read full Wall St. Journal article
NORML-NJ with the help of National NORML have created on online letter writing campaign to support John’s pardon. Those interested can send a letter directly to Governor Corzine and Attorney General Anne Milgram. Send a letter now
On Monday the jury selection in John’s trial begins. Supporters, who rallied for John this summer, are preparing a larger demonstration. Organized by CMMNJ, many groups have raised awareness for the 12/14 rally including: NORML-New Jersey, The Drug Policy Alliance- NJ, The Marijuana Policy Project, Pennsylvanians for Medical Marijuana (PA4MMJ) and National NORML.
John, his family and supporters are hoping that Governor Corzine will take action before the trial is fully underway. The New Jersey Governor has the somewhat unique option of pardoning a defendant before a conviction.
Corzine's office has stated they do not discuss active requests for pardon.
More about medical marijuana in New Jersey at www.cmmnj.org
LINKS: Send a Letter to support John 12/14/2009 Rally instructions
Articles: NJ: Corzine and Legislature face marijuana questions
NJ: Politicians speak out for medical marijuana
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Comments
PT. 4: "Despite more than 30 years of clinical research, only a small number of randomized, controlled trials have been conducted on smoked cannabis," said Dr. Edward Langston, an AMA board member, noting that the limited number of studies was "insufficient to satisfy the current standards for a prescription drug product." LA TIMES, Medical marijuana gets a boost from major doctors group, 11-11-09
"However, the patchwork of state-based systems that have been established for “medical marijuana” is woefully inadequate in establishing even rudimentary safeguards that normally would be applied to the appropriate clinical use of psychoactive substances. The future of cannabinoid-based medicine lies in the rapidly evolving field of botanical drug substance development, as well as the design of molecules that target various aspects of the endocannabinoid system." Executive Summary, AMA REPORT 3 OF THE COUNCIL ON SCIENCE AND PUBLIC HEALTH.
Pt. 2: "If there is any future for marijuana as a medicine, it lies in its isolated components, the cannabinoids and their synthetic derivatives. Isolated cannabinoids will provide more reliable effects than crude plant mixtures. Therefore, the purpose of clinical trials of smoked marijuana would not be to develop marijuana as a licensed drug but rather to serve as a first step toward the development of nonsmoked rapid-onset cannabinoid delivery systems." Unoffical AMA REPORT 3 OF THE COUNCIL ON SCIENCE AND PUBLIC HEALTH.
Dr. Michael M. Miller, a psychiatrist who practices addiction medicine, proposed the amendment. "Smoking is a bad delivery system because you're combusting something and inhaling it," he said. LA TIMES, Medical marijuana gets a boost from major doctors group, 11-11-09
PT 2: Finally, his desperation is no substitute for the scientific certainty that only dispassionate research can give. It gives no impetus to a fading corruption of science by pandering politicians. Conversely, it bears repeating the Mr. Wilson, who has said his case of MS is mild, has a chronic illness and hence an interest in safe, valid, accurate and reliable medication.
"The AMA supports the concept of drug approval by scientific and regulatory review to establish safety and efficacy, combined with appropriate standards for identity, strength, quality, purity, packaging, and labeling, rather than by ballot initiative or state legislative action." ... Unoffical AMA REPORT 3 OF THE COUNCIL ON SCIENCE AND PUBLIC HEALTH
Pt.1: (sorry about the # screwup - but order is right). Assuming Mr. Wilson is truly as naive as his supporters make him out to be then a pardon, as opposed to a court victory and as one off warning to others, may indeed be appropriate. Mr. Wilson however bears some culpability for his irresponsibility - suppose kids found his grow site or worse yet drug dealers. And, where did he get the seeds. Finally, if the average plant yields +/- 7 ounces that's equivalent to approximately 11 cartons of cigarettes. A lot of dope.
Because cannabis is non-toxic and is in fact not a drug, but an herb, we should concern ourselves with the thousands of years of cannabis use as an example. Why bother with the "standards for a prescription drug product"? It shouldn't need a prescription, just a green thumb.
Wow Taylor, I'm not sure that the order of your points matter when they are informed by ignorance. This man has a debilitating condition and no medical insurance. His 'production operation' amounts to some scraggly plants in his backyard. This is not a cartel, a drug dealer, or a 'production operation'. This is a citizen that is not allowed to tell the truth about his medical condition, his lack of insurance, or any such personal details that might revel another side to his story to the jury. This is frankly scary to me that in our country, you cannot truly defend yourself. It should be scary to any American that this is happening.
I am a lifelong Conservative and NJ resident. Perhaps if you had to watch your mother suffer the ravages of cancer,opiates, anti-nausea,etc. because of her refusal to break laws, you might see this differently. I have and it is horrible. Think before you get on your soapbox next time...John Wilson could just as easily be your brother, your mother, or you
Wow Taylor, I'm not sure that the order of your points matter when they are informed by ignorance. This man has a debilitating condition and no medical insurance. His 'production operation' amounts to some scraggly plants in his backyard. This is not a cartel, a drug dealer, or a 'production operation'. This is a citizen that is not allowed to tell the truth about his medical condition, his lack of insurance, or any such personal details that might revel another side to his story to the jury. This is frankly scary to me that in our country, you cannot truly defend yourself. It should be scary to any American that this is happening.
I am a lifelong Conservative and NJ resident. Perhaps if you had to watch your mother suffer the ravages of cancer,opiates, anti-nausea,etc. because of her refusal to break laws, you might see this differently. I have and it is horrible. Think before you get on your soapbox next time...John Wilson could just as easily be your brother, your mother, or you
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