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WASHINGTON A Michigan woman with multiple sclerosis was convicted Friday
of possessing marijuana in a congressman's Capitol Hill office in 1998.
Renee Emry Wolfe went to the office of Rep. Bill McCollum with a marijuana
joint and a sign to protest his resolution on the House floor that day that
said marijuana is a dangerous drug and should not be legalized for medical
use, prosecutors argued. It is illegal to possess marijuana in Washington,
D.C.
Wolfe's lawyer said she lit up the joint in the congressman's office on
Sept. 15 out of medical necessity because it is the only way she gets
relief from an oncoming attack of shaking and muscle tightening caused by
her MS.
Judge Stephanie Duncan-Peters of the District of Columbia Superior Court
ruled in a nonjury trial that the defense had not met the burden of proof
necessary for a medical defense.
However, she gave Wolfe a light sentence of 50 hours of volunteer community
service and asked her to pay court costs of $50. The judge avoided imposing
a formal probation that might have sent the Ann Arbor woman back to court
for smoking marijuana.
"I would prefer that (Wolfe) return to her home and deal with her medical
condition in whatever way she and her doctor deem appropriate,"
Duncan-Peters said.
Defense lawyer Jeffrey Orchard said he would consider whether to appeal the
case.
The judge said there was little evidence Wolfe was suffering an attack of
shaking at the congressman's office, and Wolfe apparently had not tried
many alternative legal drugs for MS to see whether she suffered side
effects from them.
"I do believe Mrs. Wolfe is guilty of possession," Duncan-Peters said. "I
don't think a necessity defense has been made out in this case."
The defense never disputed that Mrs. Wolfe lit up the joint and was
carrying a banner that said: "I use marijuana for medical purposes."
Orchard argued that Wolfe intended to simply tell the congressman about her
own experience with marijuana but started to feel tense in a stressful
environment when the congressman's aides did not want to talk with her.
When she felt an attack of shaking coming on, she lit up the joint, he said.
"To avoid the dangers involved would mean never leaving her house," Orchard
said in closing arguments earlier in the day. Mrs. Wolfe, he said, "was
willing to go into the lion's den to express a simple truth, not to
protest, not to thumb her nose at the government."
A neurologist, Dr. Denis Petro, said marijuana works as a muscle relaxant
within seconds, if not a few minutes, allowing people with multiple
sclerosis to control their shaking, or spasticity, as it occurs. Other
drugs had severe side effects or were not effective, he said. Mrs. Wolfe
had tried another drug but it caused mood swings and upset her stomach.
Prosecutor Alex Bourelly acknowledged "this is a unique case, and a unique
defense" but it was clear Mrs. Wolfe possessed the marijuana.
He said the defense had failed to prove medical necessity because legal
alternative drugs were available and it was not shown Mrs. Wolfe needed to
smoke marijuana at the congressman's office.
The judge agreed.
"I think this case comes down to whether there was a necessity for (Wolfe)
to possess marijuana on that day in the District of Columbia,"
Duncan-Peters said.
"There isn't any evidence she was suffering an attack of spasticity at the
time she was in the congressman's office," the judge said, noting Wolfe had
prepared for the meeting, even bringing a sign.
Mrs. Wolfe had hoped the case would draw attention to whether people with
multiple sclerosis should be able to use marijuana for medical purposes.
Mrs. Wolfe has difficulty walking and usually sits in a wheelchair.
"If part of her purpose or all of her purpose is to educate, I certainly
consider myself educated during the process of this trial," the judge said
after sentencing.
Mrs. Wolfe said she was encouraged by the judge's remarks that she might be
able to convince others that marijuana was important for controlling MS
symptoms.
A half-dozen states have passed ballot measures to legalize marijuana as
medication, but the drug is banned by federal law and doctors hesitate to
prescribe it. Nearly 70 percent of voters in the nation's capital voted to
allow the medical use of marijuana last year, but Congress has blocked the
measure from becoming law.
Pubdate: Mon, 29 Jan 2001
Source: Detroit News (MI)
Copyright: 2001, The Detroit News
Contact: letters@detnews.com
Feedback: https://data.detnews.com:8081/feedback/
Website: Detroit Local News - Michigan News - Breaking News - detroitnews.com
Author: Catherine Strong, Associated Press
of possessing marijuana in a congressman's Capitol Hill office in 1998.
Renee Emry Wolfe went to the office of Rep. Bill McCollum with a marijuana
joint and a sign to protest his resolution on the House floor that day that
said marijuana is a dangerous drug and should not be legalized for medical
use, prosecutors argued. It is illegal to possess marijuana in Washington,
D.C.
Wolfe's lawyer said she lit up the joint in the congressman's office on
Sept. 15 out of medical necessity because it is the only way she gets
relief from an oncoming attack of shaking and muscle tightening caused by
her MS.
Judge Stephanie Duncan-Peters of the District of Columbia Superior Court
ruled in a nonjury trial that the defense had not met the burden of proof
necessary for a medical defense.
However, she gave Wolfe a light sentence of 50 hours of volunteer community
service and asked her to pay court costs of $50. The judge avoided imposing
a formal probation that might have sent the Ann Arbor woman back to court
for smoking marijuana.
"I would prefer that (Wolfe) return to her home and deal with her medical
condition in whatever way she and her doctor deem appropriate,"
Duncan-Peters said.
Defense lawyer Jeffrey Orchard said he would consider whether to appeal the
case.
The judge said there was little evidence Wolfe was suffering an attack of
shaking at the congressman's office, and Wolfe apparently had not tried
many alternative legal drugs for MS to see whether she suffered side
effects from them.
"I do believe Mrs. Wolfe is guilty of possession," Duncan-Peters said. "I
don't think a necessity defense has been made out in this case."
The defense never disputed that Mrs. Wolfe lit up the joint and was
carrying a banner that said: "I use marijuana for medical purposes."
Orchard argued that Wolfe intended to simply tell the congressman about her
own experience with marijuana but started to feel tense in a stressful
environment when the congressman's aides did not want to talk with her.
When she felt an attack of shaking coming on, she lit up the joint, he said.
"To avoid the dangers involved would mean never leaving her house," Orchard
said in closing arguments earlier in the day. Mrs. Wolfe, he said, "was
willing to go into the lion's den to express a simple truth, not to
protest, not to thumb her nose at the government."
A neurologist, Dr. Denis Petro, said marijuana works as a muscle relaxant
within seconds, if not a few minutes, allowing people with multiple
sclerosis to control their shaking, or spasticity, as it occurs. Other
drugs had severe side effects or were not effective, he said. Mrs. Wolfe
had tried another drug but it caused mood swings and upset her stomach.
Prosecutor Alex Bourelly acknowledged "this is a unique case, and a unique
defense" but it was clear Mrs. Wolfe possessed the marijuana.
He said the defense had failed to prove medical necessity because legal
alternative drugs were available and it was not shown Mrs. Wolfe needed to
smoke marijuana at the congressman's office.
The judge agreed.
"I think this case comes down to whether there was a necessity for (Wolfe)
to possess marijuana on that day in the District of Columbia,"
Duncan-Peters said.
"There isn't any evidence she was suffering an attack of spasticity at the
time she was in the congressman's office," the judge said, noting Wolfe had
prepared for the meeting, even bringing a sign.
Mrs. Wolfe had hoped the case would draw attention to whether people with
multiple sclerosis should be able to use marijuana for medical purposes.
Mrs. Wolfe has difficulty walking and usually sits in a wheelchair.
"If part of her purpose or all of her purpose is to educate, I certainly
consider myself educated during the process of this trial," the judge said
after sentencing.
Mrs. Wolfe said she was encouraged by the judge's remarks that she might be
able to convince others that marijuana was important for controlling MS
symptoms.
A half-dozen states have passed ballot measures to legalize marijuana as
medication, but the drug is banned by federal law and doctors hesitate to
prescribe it. Nearly 70 percent of voters in the nation's capital voted to
allow the medical use of marijuana last year, but Congress has blocked the
measure from becoming law.
Pubdate: Mon, 29 Jan 2001
Source: Detroit News (MI)
Copyright: 2001, The Detroit News
Contact: letters@detnews.com
Feedback: https://data.detnews.com:8081/feedback/
Website: Detroit Local News - Michigan News - Breaking News - detroitnews.com
Author: Catherine Strong, Associated Press
