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May 25th

N.J. marijuana grower with Multiple Sclerosis gets legal victory

marijuana122309_optFranklin Township man was sentenced to five years in prison for having pot plants behind his house

BY ALICIA CRUZ
NEWJERSEYNEWSROOM.COM

A New Jersey Appellate Court ruling handed down on Monday may free a Franklin Township man sentenced to five years in prison for growing marijuana plants to treat his Multiple Sclerosis.

John Wilson's attorney James Wronko confirmed the ruling saying, "They have stayed the sentence."

The court ruled that Wilson, 37, should be granted bail and released to his family if he can meet the court's requirements for release.

While his family is hopeful, they have grave concerns as to Wilson's declining health. Wilson spent three weeks in the Somerset County Jail after his February conviction, then a week in a Trenton transfer facility and had just been moved to a state prison complex in southern New Jersey when the appellate court finding came down.

Wilson's troubles began after a New Jersey National Guard helicopter pilot spotted 17 marijuana plants growing behind his home. He was arrested and charged with manufacturing drugs, a felony, manufacturing marijuana in the second- and possession of hallucinogenic mushrooms in the third degree. He was found not guilty of the felony charge, which could have sent Wilson to prison for fifteen years.

During trial, Wronko was not allowed to mention to his client's jury that Wilson suffered from Multiple Sclerosis and was not allowed to introduce testimony as to the medical benefits cannabis afforded his client. It all but sealed the man's judicial fate.

Wilson's case attracted extensive media attention and support from the Coalition for Medical Marijuana New Jersey as well as State Senators Raymond Lesniak and Nicholas Scutari who have petitioned the Governor to grant Wilson an Executive pardon.

 
Comments (3)
3 Friday, 30 April 2010 01:53
FRIENDinDEED
unless you are there and are able to see the plants and know this persons level of pain then whose to say that what he had is too much?

biggest problem with legalization is that people dont take the steps to properly define every aspect of the laws in place. ok MMJ has been legalized in NJ BUT the proper facilities arent in place in order to properly handle cannabis and its distribution.

whose gonna grow it (cause it has to be grown)? whose gonna take care of it in both its growing stage and dispensary stage?. what criteria is one going to have to meet to be a MMJ patient or provider? these are all things that should/ need to be defined by whatever legislation is passed but it never is!! so because those who are supposed to be in the "know" dont have a clue, those who are pain have to suffer.

the biggest problem i see with MMJ being legalized is that those who have no clue about cannabis want to be the ones to oversee how, those who know how to utilize it, do utilize it.

this person has 17 plants in his yard and has to be regulated by a person or body of people that cant keep chia pets alive!!! c'mon!
2 Wednesday, 28 April 2010 08:31
Frederick1
There is no doubt in my mind that Wilson was using his MS as an excuse to use and sell illicit drugs. Why did he have psychedelic mushrooms? Were they to treat his MS? Did he need 17 plants worth of weed just for himself? Come on, gimme a break. Whatever your view is on marijuana legality for medical or even recreational use its important to be honest about the facts of this case.

For the record I have MS, and have no problem with medical marijuana use, and am ambivalent on marijuana being legal for recreational use. This guy is a bad poster child for the medical marijuana cause.
1 Tuesday, 27 April 2010 16:40
TYC
My neighbor has a head cold. Can we arrest and jail him as well?

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