Kurt Kerns, Attorney at Law
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Is this prosecution really necessary? (Pt. 1)

The case of a Garden City, Kansas woman involving medical marijuana has had the preliminary hearing set for November 16. At that time, she will enter a plea. The case has gained national attention after Kansas authorities arrested her, charged her with marijuana-related offenses, child endangerment and removed her 11 year-old son from her custody for her use of medical marijuana.

From the charges, one would suspect she was a major drug dealer, intent on selling drugs and reaping large profits in western Kansas. She was formally charged with five counts, two misdemeanors and three felonies charges. 

The felony charges she is facing  include distribution or possession with intent to distribute a controlled substance within 1,000 feet of school property,  possession of equipment used to manufacture a controlled substance (tetrahydrocannabinol or alternately, marijuana), and possession of drug paraphernalia. She sounds very dangerous, indeed.

Yet there is no evidence that she "manufactured" her cannabis oil for anyone other than herself and her own medical use.

While officials claim the well-being of the child was their primary interest, the boy appeared healthy and he understood that the medical marijuana was used by his mother to treat her Crohn's disease.

Yet with this prosecution, the state of Kansas could be sending her to prison for up to 34 years. Because medical marijuana seems to be one of the few drugs that is effective at treating the terribly painful and debilitating symptoms of Crohn's disease, one that she would be unlikely to receive while in custody, it would also be sentencing her to a life of great pain and discomfort.

This in addition to depriving a son of his mother and subjecting Kansas' taxpayers to the expense of her medical treatment while she is incarcerated.

(To be continued)

Source: hutchnews.com, "Preliminary hearing set in Garden City medical marijuana," MICHAEL MARESH, Aug 24, 2015

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