I had a very busy year in 2019 - between fighting for my health every day, being a parent, an activist, a family advocate, and a student - I just wasn't able to find the time to update my Adventures in Weed Court blog. To those who had been consistently following my adventures in Idaho - I am sorry for the almost year long delay!
See My Adventures in Weed Court 1, 2, 3, 4, 5, 6, 7, 8 & 9.
I've been planning to post an update with the ruling from Judge Schroeder and all that has happened since. Taking the time to blog and update this to include what's happened in this case since oral argument has been on the back burner for so long... mainly because nothing was happening and there always seemed to be something just a bit more important or not enough time in a day. And then days turn into weeks, and weeks into months... and now it's been a year. I feel bad for not keeping up, but in reality, you didn't miss much.
However, good news... I guess... (if you follow my personal facebook you may already know) -- I have just begun a new adventure in North Idaho Weed Court. It is a story I have not been able to share over the past few months, because it hurts my heart, but it must be told... so, blogging just jumped to a higher priority on my to-do list. Combined with new movement in the current case, it is important once again to speak my mind about Idaho's very harmful Marijuana laws.
So maybe I'll be better at this blogging thing... someday...
WEED COURT UPDATE - SOUTHERN IDAHO
After oral argument last February, I was diagnosed with pneumonia - see adventures in Weed Court pt. 9. I spent weeks barely able to breath, taking massive amounts of antibiotics, and utilizing over the counter cough medicines and expectorants - things I typically avoid during a cold because of how much it adversely affects my bladder condition - but things I could not live without during the duration of the pneumonia.
It was so difficult for me to breath during that time, I couldn't even smoke weed.
Which had it's own adverse effects because of the lack of pain medicine and increased inflammation - exacerbating my bladder condition on top of the pneumonia, and even further by adding the over the counter medicines. I hadn't felt so much pain in years.
To top it all off, all of this somehow, progressed the symptoms of my bladder condition.
I have a combined phenotype of Interstitial Cystitis that includes triggers such as irritants in the bladder. My speculation is that the chemicals in all the cough syrup and other drugs damaged the bladder lining more, and caused even further complications than I had been experiencing. I have twice as much pain now as I did a year ago; which means it now takes me twice as much Cannabis to achieve the same pain relief result to which I had previously become accustomed.
Suddenly, living in Eastern Oregon was like living in Idaho again.
With my limited income, having access to the correct amount of meds has always been difficult. In Idaho it is worse, because prices are higher on the black market. Now that I need twice as much medicine, I'm back to having very little pain relief because I do not have twice the amount of money to spend on medicine.
My access has decreased dramatically - despite the new dispensaries in Ontario.
And with it, my mobility. My steps decreased from the 2,000-3,000 steps a day I had achieved by temporarily moving to Oregon for medical access; to an average of 500 steps a day - the amount I averaged living under prohibition in Idaho.
I became stuck in my bed again - despite being in Oregon - and, of course, I promptly gained back the 30 pounds I had lost upon moving here.
The carousel that prohibition had always ensured was back. The ups and downs have been extremely severe over the last year - as if I was still living on the island of prohibition.
So I went back to physical therapy, and have been working every day to keep moving despite the increased pain (up to an average of 1,000 steps a day, within 6 months after starting - Yay Me!). I continued with my activism (we have a new petition now!), I continued my college course work, and I continued being a parent to my children - even though all of it has been just a bit harder than before.
During all of this, we received the opinion on appeal and things progressed in the cases. District Court Judge Schroeder denied my appeal -- which I could not be happier about. In order to appeal to the next level, Appellate Court, the initial appeal in District Court must be denied. If this case is going to make changes in Idaho case law, then it needs to be heard and decided by at least the Appellate Court - the lower level of the Idaho Supreme Court.
So I appealed the denial of appeal.
My attorney, Dennis Benjamin, of NEVIN, BENJAMIN McKAY & BARTLETT, filed the notice of appeal for me on May 3rd, 2019. After that, because he didn't have any more time available to continue pro bono, and I didn't have any more money to give him, Dennis told me he had to step away. Which is understandable, for sure. It takes a lot to continue with the appeals process, and it would take away from his other paid cases. This is his job after all.
Not volunteer activism like it is with me.
I was going to continue with the case pro se, but became overwhelmed between my homework for my Applied Psychology classes, and managing the progression of my condition while taking care of my family and being an activist/family advocate. I decided that it would be better for my health for someone else to do the work for me, from the work we've already done.
Dennis suggested I try the public defender's office again. They had undergone a revamp since I used them last (thanks to the Idaho ACLU), and the argument is already laid out in the previous briefs. I hesitated, but then eventually and reluctantly agreed, figuring if I had the same issues as before, I would just take over anyway.
This is where I ultimately met Sarah Tompkins, deputy Ada County Public Defender.
Sarah has been great with communication during this entire process - something that was definitely lacking at the Ada County Public Defender's Office before... She ensured that we had all of the case record that would be necessary to support the appeal - which took most of the year. Sarah has included me every step of the way, called and emailed to keep me up to date, and allowed me access to the documents she intended to file. So I kept her as the attorney on record.
We originally had a due date for the Opening brief last autumn, but Sarah used our 2 extensions to make sure that all of the information (clerk record, transcripts of multiple hearings, etc) was included and the arguments written correctly.
The Opening Brief was finally filed on January 13th, 2020.
The Respondent (at this level - the attorney general's office instead of the prosecutor) has until February 10th to file their brief. Sarah tells me they will likely take their extensions as well, making it more like April or May by the time they actually file the Respondent's Brief.
Then we get to file a reply brief, and go to oral arguments. Maybe by next Autumn?
If the appellate court denies the appeal, next comes an appeal to the Idaho Supreme Court, directly. And then the entire process starts all over again. It is definitely time consuming!
So, that is where things are at with my Southern Idaho cases.
And now, I have North Idaho to fight.
MY ADVENTURES IN WEED COURT 2.0 - North Idaho
We will see how that goes, although it will likely take a bit of time to complete, like this one has...
I really do appreciate all of the support I've been given over the last 4 years of fighting these cases. I'll do my best to keep this blog better updated this year!
Thank you for your continued love & support!!
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