(Ed. note: My morning email)
March 16, 1998"My son (Carl Mower) goes on trial this Tuesday, March 17th
in Tuolumne County, California (Sonora). He is blind and gravely
ill.
He was arrested last August for cultivation and possession of marijuana. He has his doctor’s approval and the County knew that he was
growing from the day the seeds were planted. They came out to his house on several
occasions and saw his plants. As soon as the plants were almost ready to be sexed, they
came and took them, and arrested him and his wife. They left 3 plants.
The charges on the wife were dropped on Friday but they only offered my son a plea of a felony and 3 years probation and said he could grow 6 plants.
My son said he is not taking a felony for something legal. He
goes for a pretrial conference tomorrow afternoon."
Mary McClinton mcclinto@mlode.com
(Ed. note: I talked to Carl Mower this morning. He is
legally blind as the result of diabetes, which has also severely damaged his
gastrointestinal system. The resulting chronic nausea and anorexia are two of the
conditions most commonly treated with marijuana.
The police knew what he was doing. He had 31 plants, both male and female. This would
mean that after sexing, he would probably have ten to twelve females. However, they
apparently decided that the arbitrary ruling by California Gubernatorial Candidate and
alleged attorney general, Dan Lungren, that medical marijuana users could only six plants
overrides Proposition 215, which places no limit on the number of plants an individual can
have.
In fact, the amount of marijuana – and consequently the number of plants -- that
may be needed would vary greatly from one patient to another. And the yield per plant also
varies greatly.
It would seem that the police view medical marijuana as something that they
"allow" so long as they can set the rules. Thus medical marijuana users would
"enjoy" the same patronized status as snitches and protected coke dealers
controlled by the police.
Mower was so disturbed by the police action that he required hospitalization. In a
truly bizarre twist, a police officer with a tape recorder went to the hospital room where
Mower was under sedation and claims that Mower said – while sedated –
that he planned on selling some of the marijuana to another patient. Since this would be a
clear violation of the rights of the pharmaceutical companies, the police simply had no
choice but to prosecute Mower.
Bravely, Mower has refused a plea bargain. If he were on felony probation, the police
would have completely arbitrary power over him. Even now they are warning him that they
can get a warrant and come in and wreck his house any time that they want.
I have been unable to determine whether the proper therapeutic dose of intimidation and
harassment for diabetics has been determined by double-blind tests are is simply based on
anecdotal evidence. It is also not clear whether the American Medical Association and The
American Diabetes Association have endorsed the medical use of imprisonment. However,
since -- unlike marijuana -- it does not cause unwanted euphoria and other dangerous
feelings, it must be good for the patients.
The Public Defender in his case has been consulting with NORML Legal Committee member
William Panzer. Michael Cutler of the NLC Amicus Committee and others will be available
for consultation.)
Supported