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MS sufferer denied new trial
February 8, 2010 - wptv.com
FORT PIERCE, FL -- Angel Hernandez lives in West Palm Beach, but Monday
he was in a St. Lucie County courtroom over a drug charge.
Ten years ago, Hernandez was diagnosed with Multiple Sclerosis; a
situation girlfriend Crystal Arroyo said is difficult to say the least.
"He has attacks where he jolts and whites out completely," said Arroyo.
In 2003, Hernandez began using marijuana and in 2005 stopped his other
medications, relying solely on marijuana to alleviate his MS symptoms.
In court Hernandez claimed, "There is no prescribed medication that
would not make my MS worse."
Last year, Hernandez was pulled over in St. Lucie County where 6 grams
of pot was found.
Monday, his attorneys were in court arguing a medical necessity defense
for the marijuana and asking for a new trial.
"We're not asking anybody to legalize marijuana, we're not asking to
set Hernandez free," said Brian Mallonee. "We're asking for a
jury trial based on the merits of Hernandez’s medical condition."
Hernandez already was found guilty in one non-jury trial and did not
purchase the pot through any medical channels. Prosecutors
pointed out that under state law; pot use under medical supervision
does not meet accepted safety standards.
Defense attorneys countered that 14 other states have enacted laws
protecting patient access to marijuana. In the end, Judge Phillip
Yacucci denied a defense request to allow a medical expert to testify
and sentenced Hernandez to a year’s probation.
Judge Yacucci told Hernandez, "This is not something you can do. You
need to talk with a physician of your choice and find another solution."
Hernandez’s' attorneys plan to appeal today's decision to the appellate
court.
Quote: Judge Yacucci told Hernandez, "This is not something you can do. You need to talk with a physician of your choice and find another solution."
And who the fuck are you to decide what he should do and what he should not do?
-------------------- ~Man has no preeminence over a beast.
Murder the government, Murder the government, murder the government and then...... murder the government.
Quote: the_drummer said: I predict Florida will be the last state to allow medical marijuana.
Im afraid this might be VERY true....
-------------------- Only two things are infinite, the universe and human stupidity. Im not too sure about the former. -Einstein
Of course the rules need to be enforced, but the goal of law and order should be to create a just society, not to enforce laws. -Unknown
“I contend that we are both atheists. I just believe in one fewer god than you do. When you understand why you dismiss all the other possible gods, you will understand why I dismiss yours.” -Stephen Roberts
Quote: the_drummer said: I predict Florida will be the last state to allow medical marijuana.
Of course it will be. It's full of old people who hate the "god damn hippies".
I can't believe they are not accepting that pot is the only thing that could help him. What's in pot that makes it not up to medical standards? Could it be it doesn't have any negative side effects?
Quote: the_drummer said: I predict Florida will be the last state to allow medical marijuana.
Nope my money is on Utah.
-------------------- Alice I wonder if I've been changed in the night? Let me think. Was I the same when I got up this morning? I almost think I can remember feeling a little different. But if I'm not the same, the next question is 'Who in the world am I?' Ah, that's the great puzzle!
ok call me crazy but i think they like their lab grade heroin in FL...ever seen http://www.hulu.com/watch/100279/vanguard-the-oxycontin-express kinda depressing- but it does point out that the people in control in fl are retarded when it comes to drugs of anykind- its obvious to everyone that mj shouldnt be a schedule 1 drug but most judges arent going to risk their political career to help one guy and open the flood gates as long as the majority of people in fl and the federal government think of it as a sch1 street drug, whatever that means anyone who has ever tried either opiates or MJ would tell you mj is less harmfull
-------------------- I Before E Except after ME, SEE, what happened was....but don't worry i have it covered...I'll just tell God they died.
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