July 30, 1999

From The Gainesville Sun
gigabit@ufl.edu
http://www.sunone.com/
http://www.sunone.com/interactive.shtml
By Jud Magrin, Sun staff writer

‘MEDICAL’ POT USER CONVICTED

BRONSON—A Levy County jury dismissed the claim Thursday that a 46-year-old man needed marijuana to ease his pain, and convicted him and his son of growing the illegal weed near their two-bedroom house in 1998.

The six-member jury took just under two hours to convict Joseph S. Tacl and his son, Michael Tacl, 20, of growing and possessing marijuana and possessing drug paraphernalia. They could get up to 11 years in prison, but that is highly unlikely for first-time offenders.

After the verdict was read, Michael Tacl angrily left the courtroom and sped off in his car, speeding around a corner and squealing the tires. Sheriff’s deputies took off after him and arrested him for reckless driving.

Circuit Judge Frederick Smith set sentencing for Sept. 1, to allow time for pre-sentence investigations for both men.

The case was one of the first to go to a jury in a felony marijuana possession case in Florida since the state Supreme Court in June effectively said defendants were free to use the medical necessity defense for marijuana possession.

The Tacls were arrested May 18, 1998, after sheriff’s deputies entered their property and uprooted nine, 3-1/2- to 4-foot-tall marijuana plants and confiscated drug paraphernalia in the house. They found small bags of marijuana and seeds as well.

Joseph Tacl never denied the marijuana operation at his home, saying he needed it to relieve severe pain from an injury and the adverse side effects brought on by legal drugs. Tacl’s back was snapped in 1993 when he was struck by a van in Leesburg. He can walk but must spend long periods of time in a wheelchair or lying down because of screws and bars that have been placed in his spine. During the trial, he spent time lying on a bed brought into the courtroom.

Pharmacologist John Morgan testified for the defense that scientific tests have shown that claims of marijuana easing nausea were valid. He also testified that marijuana was relatively harmless—at least compared to the legal prescription painkillers Tacl was taking.
See
JAMA Book Review:
Marijuana Myths, Marijuana Facts -- "Extraordinarily Well-Researched And Passionately Argued"

The defense tried to show that his son, Michael Tacl, was simply a caregiver and was charged only because he lived in the same house. But jurors said he was also guilty, apparently because of the amount of paraphernalia found, which included several bongs and pipes.

Jurors were led from the courthouse by bailiffs and declined comment on their decision.

Outside the Levy County Courthouse, the Tacls’ attorneys, Andy Fine of Gainesville and Gary Wainwright of New Orleans, said they would appeal to the 1^st District Court of Appeal, where judges have overturned at least one marijuana conviction.

After the verdict, Joseph Tacl emerged from the courthouse in a wheelchair pushed by his wife, Ann, who authorities had also charged. Those charges were dropped last week.

"It’s Levy County," said Tacl. "We’re going to appeal it and win. I feel very angry."

Ann Tacl said she was confident of a successful appeal.

"Everything’s going to be OK," she said.

"I guess it takes a family like the Tacls to make history...and help others (in the same predicament)," Whitted said.

Meanwhile, supporters of legalizing marijuana, who have camped out at the courthouse during the trial, took turns on a bullhorn, railing against local authorities, vowing to come back to Levy County at election time to help replace them. Curious onlookers emerged from nearby offices.

David Tillman of Jacksonville, who is blind and a diabetic, called the trial and case a "waste of taxpayers’ money."

But Levy County resident Teresa Turner told the much louder marijuana supporters that she didn’t think it was right for people to take drugs, including marijuana. Turner said she would never give her child illegal drugs. She said other medicines are available for Joseph Tacl to relieve his pain and other problems caused by strong prescription drugs.

"It (marijuana) can be addictive just like cocaine," she said.
(Marijuananews note: Cocaine is a Schedule 2 drug and can be prescribe, as can morphine.)

See
HHS Rules That California Patients Have A Right To Adequate Pain Medication
– Context For Medical Marijuana

Six states allow marijuana possession for certain people who can document a medical need. Florida isn’t one of them, although supporters of the idea are collecting signatures to get the issue on the 2000 ballot.

Prosecutors Tim Browning and John Wentzlaff declined comment after the verdict.

They told the jury to push sympathy out of their minds, to just follow the law. During closing arguments, Wentzlaff told the jury not to be swayed by out-of-state doctors called by the defense.

"No one from another state can tell you you are wrong...that you are ignorant," Wentzlaff said.

(Marijuananews note: This is redneck prosecution at its worst.)

"When (Joseph Tacl) is caught he lays in bed and talks of his grievous injury," Wentzlaff said. "He just wants to smoke pot."