Florida jury acquits grower who cited medical need for marijuana

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KOMORN LAW

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2015 – An article in the Florida newspaper the Sun Sentential recently revealed how a jury acquitted a man charged with the crime of manufacturing cannabis which is punishable up to a 5 years in prison.  Below are a few quotes from the article.

“For the first time in Florida history, a Broward jury acquitted a marijuana grower after finding he has a medical need for the illegal drug.”

” Jesse Teplicki hid nothing from the detectives who showed up at his Hollywood home two years ago acting on a tip that he was growing pot on the premises. And he hid nothing from the jury on Thursday when he took the stand at his criminal trial, even admitting that he smoked a marijuana cigarette earlier in the day to treat the nausea and suppressed appetite that had been plaguing him for decades.”

“Prosecutor Kathleen O’Brien argued that Teplicki had failed to demonstrate the “medical need” central to his defense. She faulted Teplicki for not only self-medicating, but for also self-diagnosing, never seeking alternative treatments that do not involve breaking the law. “There was no follow-up by a treating physician,” she said.”

The article goes on to discuss several issues but in the end the six person Jury came back with a not guilty verdict even though Florida has no medical marijuana laws or programs. Many of those who have taken a plea deal in spite of having patient or caregiver cards in the State of Michigan where there is such a program possibly may be banging their heads against the wall for not riding it out to a jury.

Contemplating the risk…

ONE never knows what jury will decide and your fate could be worse.  It’s a system riddled with twisted words, assumptions, returned favors from the prosecutors down to the initial police reports.

 

Just a thought…

If you are called up to perform jury duty in a marijuana case, you will be asked by the prosecutor if you would convict someone for a marijuana offense. Say “Maybe if the prosecutor can make a good case”. During jury deliberations, vote not guilty…Unless of course there was some kind of crime against humanity besides just the marijuana.

 

Michael Komorn is recognized as a leading expert on the Michigan Medical Marihuana Act. He is the President of the Michigan Medical Marijuana Association (MMMA), a nonprofit patient advocacy group with over 26,000 members, which advocates for medical marijuana patients, and caregiver rights. Michael is also the host of Planet Green Trees Radio, a marijuana reform based show, which is broadcast every Thursday night 8-10 pm EST. Follow Komorn on Twitter.

 

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