U.S. Navy Veteran To challenge Missouri's Marijuana Law

[MedicalNeed]

Ken Unger is a 100% disabled U.S. Navy veteran deemed unemployable by the St. Louis VA. He was hit in the head with a 50 ton crane hook while serving in Grenada in 1983. He now suffers from two herniated disks in his back, muscle spasms, weakness, pain and numbness in the legs. He has six coronary stents holding the arteries in his heart open and an artery bypass in his right leg. His injuries have rendered him weak, and he now suffers from depression as well as diabetes.

Unger was prescribed morphine, which resulted in 3 heart attacks. He now uses marijuana, which has no detrimental side effect for him.

O'Fallon police obtained a warrant to search his home on the suspicion he was growing and selling marijuana--the distribution charge had no evidence other than officer Justin Hill's own speculation. In application for the warrant, he stated: "Furthermore your affiant knows that persons who cultivate marijuana will distribute marijuana they produce for others for profit."

Unger cultivated small amounts of marijuana to treat his service-related injuries and has never profited from his efforts.

Additional discrepancies appear in the police report.

The State of Missouri is barring Unger from citing his medical use in court, he is being charged with felony possession with intent to distribute and faces 5 to 15 years in state prison. A 5-year probation plea was offered, the plea requires Unger to submit to drug testing, which would prevent him from using any medication to treat his chronic pain. Unger plans to fight for his right to a medical defense in court. If won, this case will set precedent in Missouri.

Unger has no prior federal, state, or local offenses.



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Website: U.S. Navy Veteran to challenge Missouri's marijuana law - Columbia Crime

 

[Jacob Bell]

The State of Missouri has no right to tell Unger he cannot use medical marijuana for his defense. Just because it's not a law there, doesn't mean the man can't say, hey, this is why I did what I did. To do so, means that he will not be able to defend himself. And a person has the right to defend themselves according to the Constitution. I get mad every time I see a court case where the courts say, nope, you can't use this or that for your defense. Well, yes I can, and I will. The only way you can stop me is to physically remove me from the courtroom, because I am going to speak my mind, whether you like it or not.
Isn't there some point of the Constitution that we can find to prove this? Or law books or something? I should look into that sometime.

 

[Rommel1l]

I feel the same way GuitarMan. I would be removed from the courtroom for continually declaring why I honestly used it.

 

[MedicalNeed]

This article was written and brought to you from.


Green Aid: The Medical Marijuana Legal Defense and Education Fund



Ken may not be able to tell the jury he used it for medicine.

But truth statements can and will most likely be introduced.

Such could introduce the fact the US Health Dept. has a patent on Cannabis Patent #6630507.
Cannabinoids as antioxidants and neuroprotectants - US Patent 6630507 Description

That Ken is a disabled pain patient.

And then the CA. Gov. findings and proof that Cannabis is a Pain medicine.
University of California's Center for Medicinal Cannabis Research (CMCR)
Welcome to CMCR


I'd say they'll drop the charges when they see what's going to come out in this jury trial, as there was a similar case in ST. Charles MO. that was dropped (because the state knew it'd loose and didn't want to set precedence state wide in MO.), and he was arrested for the same thing on the same day as Ken. But his grow was found after his house caught fire.

Here's the story on Kenneth Wells
Charges Dropped Against Medical Marijuana Patient In Missouri
Charges Dropped Against Medical Marijuana Patient In Missouri – MPP Blog

Quote- The bad news is the charges weren't dropped because the prosecutor suddenly grew a heart. He felt, despite the ruling preventing Wells' physician from testifying, that it would have been difficult to keep evidence of his condition from the jury, who likely wouldn't convict once they knew about the seizure disorder. In other words, he was worried that a non-conviction would have "muddied the waters" regarding Missouri's approach to medical marijuana, which of course is to arrest and convict seriously ill people for using the medicine their doctor recommends.