Jacob Redmond
Well-Known Member
When a judge this week sentenced Jerome Scott for growing dozens of marijuana plants in his South Bend home last year, the 18 months of probation, a relatively light penalty for a felony conviction, didn't bother him.
Scott, 30, didn't even contest the fact that he was growing the weed. But he and his girlfriend, 23-year-old Melanie Schmidt, see the state's marijuana laws as unjust and offered an unusual argument as they fought to have his felony reduced to a misdemeanor.
As self-described members of the Rastafari faith, the couple said Scott was doing good for others by cultivating marijuana to ease ailments from chronic back pain to cancer, and they feared a felony on his record could destroy his ability to work as a "caregiver" for the sick as a legal grower in Michigan.
"I believe there should be no law against nature," Scott told St. Joseph Superior Court Judge Jane Woodward Miller at his sentencing hearing Tuesday.
In March, Scott pleaded guilty to one Class D felony count of possession of marijuana. In exchange, prosecutors dropped a felony charge of maintaining a common nuisance. Schmidt pleaded guilty to a misdemeanor marijuana charge.
But Woodward Miller rejected Scott's request for his conviction to be treated as a misdemeanor, saying she understood his belief that marijuana should be decriminalized, but adding that he knowingly committed a crime.
"I understand there are many people who agree with you that marijuana should be legal, but you're in the wrong state for that," the judge said. "What you knowingly and deliberately did in Indiana is break the law by not only cultivating it, but also distributing it."
Scott said his case was unique, but it's unclear if others who follow the Rastafari lifestyle have tried to use their religion as a mitigating factor in St. Joseph County courts. Woodward Miller declined an interview request Thursday, saying it would be improper to make any statements related to the case.
To followers of the Rastafari faith, which developed in Jamaica in the 1930s, cannabis is a holy herb, and smoking marijuana is considered a sacrament that brings peace, wisdom and a spiritual connection to nature. It's unclear how many people identify as Rastafari in the South Bend area, as census figures do not include it among other religions.
The couple's case started May 19, 2014, when two men forced their way into Scott's home in the 1100 block of Meade Street and robbed the couple at gunpoint. The men took $1,700 cash and shot Scott after he tried to grab them as they ran away.
When police arrived, they conducted a sweep of the house and found a marijuana growing operation that consisted of about 150 plants, according to court documents. They also found paraphernalia such as glass Mason jars, which Scott said he was using to extract THC for medical uses.
At the time, police said they believed an acquaintance targeted the home. However, police were unable to develop a clear suspect in the robbery and shooting, and no one was arrested, said Capt. Phil Trent, a South Bend police spokesman.
Scott said he was not a drug dealer, but that he distributed the cannabis strictly for medical and religious purposes. The couple were preparing to move the operation to Michigan, where they planned to legally grow medical marijuana, and they had saved the $1,700 for moving expenses, he said, insisting no one knew about his plants, but that someone may have targeted him for the cash.
"Cultivating my own cannabis is my way of not contributing to the black market and drug dealing tactics," he said in an interview with The Tribune. "In my natural state, I don't believe I'm breaking any law. I know I'm not harming anyone or causing any harm to the community."
Court documents show Scott has never been convicted of a violent crime and had no prior felony convictions.
Scott and Schmidt moved to Michigan, where each obtained a medical marijuana card, but not until January, seven months after their arrests.
Now, Scott, who also has a license to grow marijuana for other approved patients as a "caregiver," said his felony conviction will ruin his chances of having his license renewed when it expires next year. If he loses the license, Scott said, he will also lose the right to practice the cultivation of cannabis, which he views as a calling and key aspect of his faith.
"All of his hard work, all of his studying, his whole life, they're telling him he can't do that," Schmidt said.
At the sentencing hearing, though, Woodward Miller expressed concern with the central role of marijuana in the couple's household, which includes two young children.
"The life you and your partner have created, it appears to totally revolve around cannabis," the judge told Schmidt.
Woodward Miller ordered Scott to serve 18 months on probation and sentenced Schmidt to 12 months on probation.
News Moderator: Jacob Redmond 420 MAGAZINE ®
Full Article: Rastafari couple says marijuana laws unfair to their faith - South Bend Tribune: Public Safety
Author: Christian Sheckler
Contact: Contact Us - South Bend Tribune: Site
Photo Credit: SBT Photo/Christian Sheckler
Website: South Bend Tribune: The voice that connects us.
Scott, 30, didn't even contest the fact that he was growing the weed. But he and his girlfriend, 23-year-old Melanie Schmidt, see the state's marijuana laws as unjust and offered an unusual argument as they fought to have his felony reduced to a misdemeanor.
As self-described members of the Rastafari faith, the couple said Scott was doing good for others by cultivating marijuana to ease ailments from chronic back pain to cancer, and they feared a felony on his record could destroy his ability to work as a "caregiver" for the sick as a legal grower in Michigan.
"I believe there should be no law against nature," Scott told St. Joseph Superior Court Judge Jane Woodward Miller at his sentencing hearing Tuesday.
In March, Scott pleaded guilty to one Class D felony count of possession of marijuana. In exchange, prosecutors dropped a felony charge of maintaining a common nuisance. Schmidt pleaded guilty to a misdemeanor marijuana charge.
But Woodward Miller rejected Scott's request for his conviction to be treated as a misdemeanor, saying she understood his belief that marijuana should be decriminalized, but adding that he knowingly committed a crime.
"I understand there are many people who agree with you that marijuana should be legal, but you're in the wrong state for that," the judge said. "What you knowingly and deliberately did in Indiana is break the law by not only cultivating it, but also distributing it."
Scott said his case was unique, but it's unclear if others who follow the Rastafari lifestyle have tried to use their religion as a mitigating factor in St. Joseph County courts. Woodward Miller declined an interview request Thursday, saying it would be improper to make any statements related to the case.
To followers of the Rastafari faith, which developed in Jamaica in the 1930s, cannabis is a holy herb, and smoking marijuana is considered a sacrament that brings peace, wisdom and a spiritual connection to nature. It's unclear how many people identify as Rastafari in the South Bend area, as census figures do not include it among other religions.
The couple's case started May 19, 2014, when two men forced their way into Scott's home in the 1100 block of Meade Street and robbed the couple at gunpoint. The men took $1,700 cash and shot Scott after he tried to grab them as they ran away.
When police arrived, they conducted a sweep of the house and found a marijuana growing operation that consisted of about 150 plants, according to court documents. They also found paraphernalia such as glass Mason jars, which Scott said he was using to extract THC for medical uses.
At the time, police said they believed an acquaintance targeted the home. However, police were unable to develop a clear suspect in the robbery and shooting, and no one was arrested, said Capt. Phil Trent, a South Bend police spokesman.
Scott said he was not a drug dealer, but that he distributed the cannabis strictly for medical and religious purposes. The couple were preparing to move the operation to Michigan, where they planned to legally grow medical marijuana, and they had saved the $1,700 for moving expenses, he said, insisting no one knew about his plants, but that someone may have targeted him for the cash.
"Cultivating my own cannabis is my way of not contributing to the black market and drug dealing tactics," he said in an interview with The Tribune. "In my natural state, I don't believe I'm breaking any law. I know I'm not harming anyone or causing any harm to the community."
Court documents show Scott has never been convicted of a violent crime and had no prior felony convictions.
Scott and Schmidt moved to Michigan, where each obtained a medical marijuana card, but not until January, seven months after their arrests.
Now, Scott, who also has a license to grow marijuana for other approved patients as a "caregiver," said his felony conviction will ruin his chances of having his license renewed when it expires next year. If he loses the license, Scott said, he will also lose the right to practice the cultivation of cannabis, which he views as a calling and key aspect of his faith.
"All of his hard work, all of his studying, his whole life, they're telling him he can't do that," Schmidt said.
At the sentencing hearing, though, Woodward Miller expressed concern with the central role of marijuana in the couple's household, which includes two young children.
"The life you and your partner have created, it appears to totally revolve around cannabis," the judge told Schmidt.
Woodward Miller ordered Scott to serve 18 months on probation and sentenced Schmidt to 12 months on probation.
News Moderator: Jacob Redmond 420 MAGAZINE ®
Full Article: Rastafari couple says marijuana laws unfair to their faith - South Bend Tribune: Public Safety
Author: Christian Sheckler
Contact: Contact Us - South Bend Tribune: Site
Photo Credit: SBT Photo/Christian Sheckler
Website: South Bend Tribune: The voice that connects us.
