NORML Legal Committee Member Leads Defense
Amarillo,
TX: NORML Legal
Committee member Jeff Blackburn won an acquittal for a man charged
with possession of marijuana, by successfully raising a medical necessity
defense, believed to be the first to be accepted in Texas courts.
Defendant Tim Stevens, 53, had never been in legal trouble
until Amarillo police arrested
him for possessing less than 4 grams of marijuana. Mr. Stevens†is HIV-positive
and uses medical marijuana in conjunction with his anti-viral medications.
Defense expert Dr. Steve Jenison, Medical Director of the
Infectious Diseases Bureau for the Department of Health in New Mexico, carried the day with his
testimony. Dr. Jenison detailed his success with the New Mexico medical
marijuana program in treating severe symptoms, particularly nausea and cyclical
vomiting, that plague many HIV / AIDS and cancer patients—for many of whom no
effective medicinal alternative exists. "[Jenison]…was a dynamite witness,"
Blackburn said. "All of this evidence came together and made for a solid defense
case -- one strong enough for us to get an instruction to the jury that they
should acquit if they had a reasonable doubt about medical
necessity."
"We prepared a very extensive presentation about the
medical benefits of marijuana," Blackburn continued. "We relied on clearly
established scientific studies and approaches, all of which show that there are
distinct benefits derived from the use of inhaled marijuana." The jury was out
only eleven minutes before reaching a unanimous verdict of "not guilty." County
attorney Scott Brumley called the verdict "unfortunate." "I respect the jury's
verdict. ... That doesn't mean I agree with it," he said.
Blackburn, who also serves as chief counsel for the Innocence
Project of Texas,
which seeks to identify and exonerate innocent people who have been mistakenly
convicted and imprisoned, believes that this victory can be replicated in other
states as well. "Nearly all states have some variant of the old common law
necessity defense."
For more information, please contact NORML Legal Director
Keith Stroup at 202-483-5500.
