Pubdate: Tue, 28 Sep 2010 Source: York Daily Record (PA) Copyright: 2010 The York Daily Record Contact: http://ydr.inyork.com/ Details: http://www.mapinc.org/media/512 Author: Rick Lee POT GROWER TO RAISE MENTAL INFIRMITY DEFENSE AT TRIAL A psychologist says bipolar disorder accounts for the medical marijuana activist's zeal for weed. Medical marijuana activist and otherwise law-abiding Glenville resident Charles Andrew Homan got busted last year with more than 65 marijuana plants. Wednesday, he goes before Judge John S. Kennedy in a bench trial for possession with the intent to deliver marijuana. He will be bringing a mental infirmity defense. Homan, 59, is a longtime sufferer of a bipolar disorder. More than 30 years of various medications and treatment to control the disorder were "without any lasting benefits," according to a defense filing in York County Common Pleas Court. Marijuana, Homan says, is the only thing that provides him any relief. In court documents filed in preparation for his trial, Homan is quoted saying, "It feels like I had no choice. I could either remained addicted to medication and suffer with side effects and withdrawal symptoms or I could die or I could use marijuana as my medicine. "If there was something else, I would do it. I am suffering like crazy. My doctors don't know what else to do for me. This is a very scary place to be. I don't want to lose my mind." Through the years, Homan has been outspoken and held rallies promoting the medicinal uses of marijuana. A forensic psychologist who evaluated Homan said in her report that Homan's "intense immersion into research, speaking out in (news)papers, on-line and on television" is an indication of his "impaired reasoning directly related" to his disorder. "He is unable to fully recognize that his thinking and behaviors are often driven by his illness," Dr. Amy L. Taylor, a Gettysburg psychologist, said in her report. ". . . while knowing that growing cannabis is illegal, he reasoned that he was not behaving in a criminal manner." Taylor contrasted Homan's condition to insomniacs who feel marijuana helps them sleep, but do "not proceed with growing it, speaking out about it, writing about it, drawing attention to oneself and risking their freedom as Mr. Homan has." According to Taylor's report, Homan maintains he grows marijuana "for his personal 'medicinal' use and . . . would never consider selling it." Taylor also offered her opinion that Homan's growing of marijuana did "not represent a danger to the safety of others." "His actions were of a man who was acutely manic, vulnerable and sleep-deprived who faced what he saw as inevitable harm to himself without risk to society," Taylor stated. - --- MAP posted-by: Matt