I believe the State Attorney General's Office is using this man's plight and the patent injustice of his plight under the current law as a weapon to increase media awareness, public sympathy and intimidate state legislators into passing the 119/A804, The Compassionate Use Medical Marijuana Act. in New Jersey.
Because it was the State Police Marijuana Eradication Unit who processed the plants it is not the local county District Attorney who is arguing the case, but the more powerful State Attorney General’s Office. The prosecution is being led by Deputy Attorney General Russell Curley, who has successfully attempted to circumvent any argument that the plants were grown for John’ personal, medical use. Ironically, Curley’s own office issued recommendations to enact the New Jersey Compassionate Use Medical Marijuana Act just weeks after Curley filed his initial briefs trying to keep John’s MS from the jury. It may be the deep understanding of the proposed law on the part of the Attorney General’s Office that has allowed them to mount such an aggressive prosecution of John Wilson.
It was the decision made by the Superior Court Judge Robert Reed at a pre-trial hearing last week that made national news. Again, Wilson’s defense attorney James Wronko: “The Trial Court has ruled that Mr. Wilson cannot argue that he grew the marijuana of medical purposes. Moreover, he cannot even mention to the jury that he suffers from multiple sclerosis at all.”
Such a ruling made national news and for good reason.
In California and other states where MS patients already enjoy legal access to cannabis there was outrage. Here in New Jersey, it was a wake up call among the reform community and to the general public. Many here were already aware that it was the brave fight of a dying MS patient Cheryl Miller that served as the catalyst for the local effort. News surrounding the NJ medical marijuana bill’s progress has highlighted sick and dying residents who plead for safe access yet DAG Curley argued in court that if the jury knew about John’s MS then it would garner him undue sympathy.
Aware of the legislation, Judge Reed wrote in last week’s ruling "If medical marijuana use is to be recognized as an exemption to our criminal law, the legislative process must produce that result. This court will not do so."
The Attorney General's Office has played expertly to that end. On one hand issuing recommendations to refine the medical marijuana bill and on the other hand using the active legislation against John’s defense.
Submitted by fatigues () on Mon, 11/02/2009 - 19:37.
Ahh. Now I get it...
I believe the State Attorney General's Office is using this man's plight and the patent injustice of his plight under the current law as a weapon to increase media awareness, public sympathy and intimidate state legislators into passing the 119/A804, The Compassionate Use Medical Marijuana Act. in New Jersey.
Article is here: http://open.salon.com/blog/freedomisgreen/2009/08/06/a_civil_right_to_ma...
Details are extracted here:
Because it was the State Police Marijuana Eradication Unit who processed the plants it is not the local county District Attorney who is arguing the case, but the more powerful State Attorney General’s Office. The prosecution is being led by Deputy Attorney General Russell Curley, who has successfully attempted to circumvent any argument that the plants were grown for John’ personal, medical use. Ironically, Curley’s own office issued recommendations to enact the New Jersey Compassionate Use Medical Marijuana Act just weeks after Curley filed his initial briefs trying to keep John’s MS from the jury. It may be the deep understanding of the proposed law on the part of the Attorney General’s Office that has allowed them to mount such an aggressive prosecution of John Wilson.
It was the decision made by the Superior Court Judge Robert Reed at a pre-trial hearing last week that made national news. Again, Wilson’s defense attorney James Wronko: “The Trial Court has ruled that Mr. Wilson cannot argue that he grew the marijuana of medical purposes. Moreover, he cannot even mention to the jury that he suffers from multiple sclerosis at all.”
Such a ruling made national news and for good reason.
In California and other states where MS patients already enjoy legal access to cannabis there was outrage. Here in New Jersey, it was a wake up call among the reform community and to the general public. Many here were already aware that it was the brave fight of a dying MS patient Cheryl Miller that served as the catalyst for the local effort. News surrounding the NJ medical marijuana bill’s progress has highlighted sick and dying residents who plead for safe access yet DAG Curley argued in court that if the jury knew about John’s MS then it would garner him undue sympathy.
Aware of the legislation, Judge Reed wrote in last week’s ruling "If medical marijuana use is to be recognized as an exemption to our criminal law, the legislative process must produce that result. This court will not do so."
The Attorney General's Office has played expertly to that end. On one hand issuing recommendations to refine the medical marijuana bill and on the other hand using the active legislation against John’s defense.