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Should having multiple sclerosis be a viable defense to a local pot charge?

By Douglas A. Berman

The question of this post is inspired by this commentary piece, which is headlined "Judge forgets to bring conscience to work, denies MS patient proper defense," and complains about a legal ruling from a state court in New Jersey.  Here are the basics: A New Jersey man with Multiple Sclerosis is being charged for growing his own medicine to treat his pain and muscle spasms. John Ray Wilson, of Franklin, New Jersey is facing the charge of operating a drug manufacturing facility for growing his own medicine, and the Judge is refusing to allow any mention of the man?s medical condition at trial. A lot of people might ask why this man didn?t just go to the doctor and get medications. The answer, according to Wilson?s attorney, is simple.  Wilson had no health insurance and could not afford to pay for the medications to treat his condition...continue to full post

Full post as published by Sentencing Law and Policy on July 30, 2009 (boomark / email).