The NORML Foundation Weekly Press Release

FOR IMMEDIATE RELEASE: November 24, 1998

Medical Marijuana Patient Freed From Jail

November 24, 1998, Asheville, NC: Federal District Court Judge Lacey Thornburg today released medical marijuana patient Linda Jean Marlowe from jail and sentenced her to six months of home confinement. Reformers applauded the decision, which marked a strong departure from the potential 14-month prison term provided under federal sentencing guidelines.

NORML Legal Committee (NLC) member Joe Bondy, who assisted with Marlowe’s defense, called the outcome a "compassionate one." NORML Executive Director R. Keith Stroup, Esq. agreed. "The judge in this case realized that America’s ‘war on drugs’ must not include imprisoning the sick and dying who benefit from the medical use of marijuana," he said.

Federal law enforcement officials arrested and charged Marlowe, 45, with six federal felonies based on her receipt of a package of marijuana from Switzerland. Marlowe suffers from several rare and debilitating diseases including porphyria (a congenital liver abnormality), degenerative disk disease, rheumatoid arthritis, and fibromyalgia. She had obtained the marijuana for her personal medical use to alleviate chronic pain and nausea.

Marlowe’s liver condition prevents her from ingesting conventional pain medications. Dr. Frederick Bissel, Marlowe’s treating physician, explained at a recent hearing that conventional medications can harm her diseased liver. He further testified that marijuana is a highly effective analgesic that does not damage the liver.

Marlowe’s attorneys asked the Court permission to present evidence at trial of her medical need for marijuana, but the Court refused. She was eventually found guilty by a jury on June 8, 1998. She retained her right to appeal the court’s refusal to permit her to raise a medical necessity defense.

While out on supervised release awaiting sentencing, Marlowe continued to smoke marijuana to alleviate her pain. Her prolonged use caused her to fail several court ordered drug tests, and resulted in her bond being revoked and eventual incarceration.

At today’s sentencing hearing, Bissel testified to Marlowe’s serious medical condition. In addition, Joe Bondy, a federal sentencing expert from New York, offered an affidavit from Dr. John P. Morgan, professor of pharmacology at CUNY Medical School and an expert on the medical use of marijuana. Bondy urged the judge to depart from the sentencing guidelines on the basis of Marlowe’s medical use. Although the judge refused, he did grant a downward departure based on her severe medical condition. The NORML Legal Committee will also be helping with the appeal of Marlowe’s conviction, arguing that she should have been allowed to argue a medical necessity defense at trial.