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Texas Patient Wins Landmark Acquittal in Medical Marijuana Case



March 27, 2008

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 (Long Island, N.Y.) A Texas patient who uses medical marijuana to treat the symptoms of HIV won acquittal on marijuana possession charges March 25 based on a “necessity defense.” Though such a defense - which requires the defendant to establish that an otherwise illegal act was necessary to avoid imminent harm more serious than the harm prevented by the law he or she broke - has rarely been successful in Texas, the jury took just 11 minutes to acquit Tim Stevens, 53. The trial was hotly contested.

Stevens had never been in trouble until Amarillo police arrested him for possessing less than 4 grams of marijuana. As a result of his HIV infection, Stevens suffers from nausea and cyclical vomiting syndrome, a condition so severe that he has required hospitalization and blood transfusions in the past.

Extensive research has established medical marijuana as an effective treatment for nausea and vomiting associated with HIV/AIDS and cancer chemotherapy, uses recently acknowledged by the prestigious American College of Physicians. Key in establishing Stevens’ medical necessity was the testimony of Dr. Steve Jenison, medical director of the Infectious Diseases Bureau for the state of New Mexico’s Department of Health.

“This case proved to be a testing ground for public attitudes toward medical marijuana,” said attorney Jeff Blackburn, who represented Stevens. “Even in a very conservative part of a very conservative state, jurors were willing to listen to the facts about medical marijuana and give Tim a break, and I hope this case will help to create a trend in Texas.”

“The common sense and decency exhibited by this Amarillo jury is typical of what we see from voters around the country,” said Ray Warren, director of state policies for the Marijuana Policy Project in Washington, D.C., and a former North Carolina Superior Court judge. “The American public doesn’t want to see seriously ill patients arrested and jailed for simply trying to stay alive with the help of medical marijuana. It’s time for legislators in Texas and around the country to follow the public’s lead and take action to protect patients, so that no one battling a life-threatening illness has to live in fear of arrest.”

With more than 23,000 members and 180,000 e-mail subscribers nationwide, the Marijuana Policy Project is the largest marijuana policy reform organization in the United States. MPP believes that the best way to minimize the harm associated with marijuana is to regulate marijuana in a manner similar to alcohol. For more information, please visit http://MarijuanaPolicy.org.

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News Comments for this Article

15 Responses to “Texas Patient Wins Landmark Acquittal in Medical Marijuana Case”

  1. Brandon Brookshire on March 27th, 2008 12:03 pm

    Finally, some rational logical thinking about this subject. The fact that it’s in my home state is even better!!! This jury got it right!!!!!

    - Posted by: Brandon Brookshire

  2. Texas Patient Wins Landmark Acquittal in Medical Marijuana Case - The Garden's Cure on March 27th, 2008 12:21 pm

    […] Texas Patient Wins Landmark Acquittal in Medical Marijuana Case NewsLI - West Babylon,NY,USA (Long Island, NY) A Texas patient who uses medical marijuana to treat […]

    - Posted by: Texas Patient Wins Landmark Acquittal in Medical Marijuana Case - The Garden's Cure

  3. Norma Sapp on March 27th, 2008 8:04 pm

    All I can say is thank goodness for FIJA, Fully Informed Jury Association

    Find out more at:

    http://www.fija.org/

    - Posted by: Norma Sapp

  4. Michael Vandeburg on March 27th, 2008 9:40 pm

    Prove me wrong if you can! Marijuana is LEGAL in America!

    The law is on my side and I have proved it in my book.

    In my opinion marijuana is legal in America. The problem is that people do not know their rights and their lawyers don’t know them either. That is why I wrote the book “Why Marijuana is Legal in America.” Based upon one’s permanent “rights and liabilities” created by U.S. Congress in the 1939 Statutes at Large that a person has the right to be an illegal user.

    Do a search and read U.S.C. Title 26, Section 7851 (b)(1) of the current code. The current code still backs up what congress did in 1939. Copies are available on amazon if you want to check it out or go to www.outskirtspress.com /marijuana

    To cut to the chase or short version is that Congress established the right to be an illegal user by paying a $100 transaction tax per ounce for an illegal user. All rights can still be claimed today. Claim it or lose it. The transaction tax was later abolished by the Supreme Court but you still have a right to be an illegal user, with no transaction tax. That’s the facts and your rights in a nutshell.

    You can email me at michael@vandeburg.com. I can’t guarantee every email a reply.

    Cannabis Hemp is the #1 biofuel on plantet earth. Industrial Hemp will change every industry in America and create millions of new jobs. Do some research and stop listening to this government babble and lawyer legalese or words of witchcraft to steal your mind and property. Think for a change!

    Author Michael Vandeburg

    - Posted by: Michael Vandeburg

  5. Melanie Melancon on March 28th, 2008 7:53 am

    Finally! A slap in the face to the politicians who keep wringing the drug issue for all they can. Common sense and compassion has won this day, and I hope this trend spreads!

    - Posted by: Melanie Melancon

  6. Alan D. James on March 28th, 2008 10:16 am

    Looking beyond this very good decision. Perhaps now they can get rid of the ridiculous laws that prevent farmers from cultivating hemp. we can then begin use hemp for roping. This would reduce the need for synthetic fibres which would result in a greener world.

    - Posted by: Alan D. James

  7. RED GREEN on March 28th, 2008 11:17 am

    A compassionate and knowledgable jury, that would not be pushed around,refreshing. Hard to comeby in the past. Goodby drugwar,and good riddance!

    - Posted by: RED GREEN

  8. miles on April 3rd, 2008 2:12 pm

    15yrs i’ve been researching and developing solutions based on hemp.

    BUSINESS can solve the problems we face as to legalization as a whole.

    if anyone is ready to get hemp and MMJ out there and accepted, contact me…..I can show you how we can change things quick!

    ecosolutionsnow@yahoo.com
    (los angeles, CA)

    - Posted by: miles

  9. Ronald Gascon on June 7th, 2008 1:26 am

    Make Marijuana legal every where for any one who needs it
    Write In Ronald Gascon for US President!!!

    - Posted by: Ronald Gascon

  10. Tex on June 30th, 2009 10:02 pm

    Maybe it is time to disband the DEA and take all the drug convicts out of prison and move them into rehab. We could likely pay for the rehab and get at least a percentage of users off the drugs with the DEA money combined with the prison budget relief. This would allow space for the real criminals - including lying, cheating,stealing politicians. Adult people, medically diagnosed as terminal, should be able to use anything they need to ease the pain and stress of their condition without negative stress from their peers. Who cares if they smoke pot or use narcotics for pain and sleep! I sure don’t. Just educate them on it before they are prescribed these drugs. And these self righteous Texas bullies who abuse those around them are just a guilty of hate crimes as white and black power mongers. You can try and hide behind Jesus’ robe but I would suspect he would just take it off and leave you standing on your own should he be put in thet situation! The real reason drugs are illegal is because big money investors are making 10,000% profit off of it…and the politicos know all about it but only bust their competion.

    - Posted by: Tex

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  14. Chris on January 21st, 2012 12:15 am

    Great read! There are so many wonderful benefits to medical marijuana. I’m glad the jury was able to see it was helping the man and gave him a break.

    - Posted by: Chris

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