Pubdate: Fri, 28 Jan 2000
Source: Los Angeles Times (CA)
Copyright: 2000 Los Angeles Times
Contact:  Times Mirror Square, Los Angeles, CA 90053
Fax: (213) 237-4712
Website: http://www.latimes.com/
Forum: http://www.latimes.com/home/discuss/
Author: Catherine Strong, Associated Press Writer

MEDICAL MARIJUANA PATIENT CONVICTED

WASHINGTON--A woman with multiple sclerosis was convicted of drug
possession on Friday for lighting a marijuana cigarette in a
congressman's Capitol Hill office when she felt the onset of an attack
related to her illness. Judge Stephanie Duncan-Peters of the District
of Columbia Superior Court ruled in a nonjury trial that the woman,
Renee Emry Wolfe, 39, of Ann Arbor, Mich., had not met the burden of
proof necessary for a medical defense. She could have sentenced the
mother of four to six months in jail and fined her $1,000, but instead
ordered Wolfe to perform 50 hours of community service and pay court
costs of $50.

"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.

Marijuana is banned by the federal government, although voters in six
states have approved laws allowing the drug to be used for medical
purposes. Nearly 70 percent of voters in Washington, D.C., voted last
year to allow the medical use of marijuana, but Congress has blocked
the measure from becoming law.

Wolfe went to Rep. Bill McCollum's office on Sept. 15, 1998, carrying
the marijuana and a sign to protest his resolution saying marijuana is
a dangerous drug that should not be legalized for medical use.

Defense lawyer Jeffrey Orchard said Wolfe intended to simply tell the
congressman about her experience with marijuana, but started to feel
tense. She lighted the marijuana cigarette only when she believed she
was about to suffer an attack of shaking and muscle tightening caused
by her condition, he said.

A neurologist, Dr. Denis Petro, testified that marijuana works as a
muscle relaxant, allowing people with multiple sclerosis to control
their shaking, or spasticity. Other drugs produce severe side effects
or are not as effective, he said.

Prosecutor Alex Bourelly acknowledged "this is a unique case, and a
unique defense," but said it was clear Wolfe was guilty of marijuana
possession under the law in Washington.

The judge said the "case comes down to whether there was a necessity
for (Wolfe) to possess marijuana on that day in the District of Columbia."

"There isn't any evidence she was suffering an attack of spasticity at
the time she was in the congressman's office," Duncan-Peters concluded.

Multiple sclerosis is a disease of the central nervous system that
afflicts more than 300,000 Americans. Wolfe has difficulty walking and
usually sits in a wheelchair. 
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