I attended a hearing for oral arguments on my Weed Court Appeals on Thursday, February 7th, 2019.
The hearing was held on the 5th Floord of the Ada County Court House, in Boise, Idaho.
See My Adventures in Weed Court 1, 2, 3, 4, 5, 6, 7 & 8.
I am grateful to A.J Herrington from High Times; who released an article that same day, documenting my efforts of fighting for the necessity defense as a Medical Marijuana patient from Idaho.
Thursday morning, I woke up barely able to breathe, couldn't speak without coughing uncontrollably, and spent the entire day sucking on one cough drop after another. I had been sick and combating what was thought to be Bronchitis for almost a month. I was also in severe pain, because I had been unable to consume any smokable Cannabis for over a week without my lungs burning.
Luckily, my attorney, Dennis Benjamin, of NEVIN, BENJAMIN McKAY & BARTLETT, handed me a notebook and pen, so I wouldn't have to actually speak to him in court. I wouldn't have been able to do so even if I had been asked. Thank God I had an attorney to speak for me this time.
The other Ada County Prosecutor from my trial, Garrett Swenson, is who argued against the appeal. Same arguments as the brief written by his co-worker, Enrique Gutierrez. Same words that I would be ashamed to have attached to my name during this historical change in Cannabis legality that is sweeping the world.
The hearing in front of Ada County District Court Judge Gerald Schroeder only lasted little more than a half an hour. Dennis provided the basics of our argument, and answered Justice Schroeder's questions. He even stressed that there was no actual harm brought about by the necessity of my possession of marijuana for medical use, because prohibition originally began as a racist persecution of black jazz musicians and Mexicans. The only harm was an outdated moral "harm" that no longer matches the public perceptions of this medicine.
The Judge's questions were quite logical, mainly just asking for elaboration of the written arguments, giving me a bit of hope that he may have a logical ruling. He retired without giving it, but with a promise to have a written ruling within 30 days.
So now we wait...
Thursday evening, I almost went to the hospital because I still could not breathe and it was getting worse. And the next day, I was diagnosed with Middle Lobe Pneumonia.
For me, it was definitely a memorable day.
I am looking forward to receiving the judge's ruling.
And if necessary, taking the next step in the appeals process by appealing to the Idaho Appellate/Supreme Court, if my convictions are not vacated and remanded for new trial by this judge.
I deserve a new trial.
A new trial that includes my right to jury instruction for the necessity defense.
A new trial that will allow my doctors to testify, and for me to submit medical evidence that Cannabis is a necessity in my medical treatment of Interstitial Cystitis.
A new trial where justice isn't perverted by the dirty tricks of the prosecution.
A new trial that could help set precedence and push reform of Idaho's harmful and outdated Cannabis laws.
I hope you will continue to follow my fight in Weed Court.
I will post an update once I receive the Judge's ruling.
Thank you for your continued love & support!