NJ Medical marijuana trial: Sentencing re-scheduled


Somerville- The trial of New Jersey medical marijuana patient John Ray Wilson has changed dates for the final phase. The sentencing hearing is now scheduled for March 19, 2010, 9:00AM ET at the Somerset County Courthouse.

Wilson, 37 and living with Multiple Sclerosis, remains with family on bail. His attorney James Wronko said this week that the NJ Attorney General??s Office has continued their request for a seven-year sentence in state prison.

Supporters will continue to rally in front of the courthouse. Now that the New Jersey Compassionate Use Medical Marijuana Act is a law, Wilson??s family and medical marijuana supporters hope the recognition of the therapeutic use of cannabis will allow some leniency.A National Guard helicopter caught Wilson growing 17 cannabis plants used to treat his MS in August 2008. Wilson then faced a nightmarish prosecution on first-degree felony charges usually reserved for kingpin crack dealers.

Citing the medical marijuana legislation in New Jersey, the prosecutor and Judge tried to keep any mention of John??s MS from the jury. The media then took a strong interest in the case.
Ultimately the truth was allowed out during the trial - NJ: Judge allows John Wilson to mention MS at marijuana trial

Two state senators had appealed to the Governor??s Office for an Executive Pardon on the first-degree charges of ??operating and maintaining a CDS manufacturing facility.? But the jury acquitted John on those charges. MS patient: Not guilty on most serious marijuana charge

He was however convicted of the second-degree felony of ??manufacturing?? marijuana and a third-degree felony for possessing a very small amount of hallucinogenic mushrooms. Thus, he is still facing time in prison.

??It is stressful,? Wilson said during a phone call today. He has seen his sentencing delayed twice in February. The most recent delay stemmed from a "personal emergency" on the aprt of the presiding Judge. John had been preparing for any possible outcome, even finding a temporary home for his cat.

NORML-NJ Attorney Fred DiMaria was hopeful that the Judge would offer some relief to an MS patient, ??There is some discretion on the part of [Judge] Reed, unfortunately John could very well end up in county jail or state prison.?
Ed Hannaman, on the Board of Directors at the Coalition for Medical Marijuana New Jersey (CMMNJ) wrote a powerful letter to the Judge:
By growing his own medication, John did not engage in the drug trade and he did not seek to profit in any way- only to ease his suffering. There is no reason a humane civilized society should exact retributive punishment for John??s act of self-preservation. Notably, the law accepts justification as a defense for seriously inflicting harm on another-even killing them if necessary to protect one??s own life or that of another. How can a system that excuses the killing of another justify imprisoning a person for saving his own life while harming no other?

John is now eligible to become a legally recognized medical marijuana patient. He does not deserve to be sentenced to imprisonment as a drug manufacturer. Basic justice demands that John not be martyred to a law already recognized as inapplicable to him. In this case, the only just response is probation. READ IN FULL at the CMMNJ blog
Passed on January 11, 2010 New Jersey??s medical marijuana law allows only a very limited set of medical conditions for the cannabis program. MS is a qualifying condition. Enactment of the law and full implementation of the program are expected by July or August 2010.