Pubdate: Thu, 05 Mar 2015
Source: Tampa Bay Times (FL)
Copyright: 2015 St. Petersburg Times
Contact: http://www.sptimes.com/letters/
Website: http://www.tampabay.com/
Details: http://www.mapinc.org/media/419
Note: Named the St. Petersburg Times from 1884-2011.
Author: John Romano, Times Columnist

A SMALL COURT CASE MIGHT BE A BIG SIGN FOR MEDICAL MARIJUANA

Sometimes, change arrives dramatic and loud. And sometimes, it is as 
understated as two simple words.

Not guilty.

With that declaration, a Broward County jury may eventually have as 
much impact on Florida's medical marijuana debate as all of the 
advertising and shouting that preceded last fall's failed 
constitutional amendment.

For what is believed to be the first time in state history, a jury 
has accepted a medical necessity defense in a marijuana trial. And so 
Jesse Teplicki, a 50-year-old marine mechanic who says he suffers 
from chronic anorexia, avoided a potential five-year prison term for 
having 46 cannabis plants growing in his home.

"This case was for the thousands and thousands who need this 
medicine," Teplicki said. "It saved my a- -, but I'm just a stepping 
stone for everyone else."

What it actually means for others down the road is not entirely clear.

It is one verdict in one trial in a county with a high percentage of 
Democratic voters. And so an argument could be made that it is a 
random legal outlier.

But I wouldn't bet on that.

Coupled with the constitutional amendment in November that had the 
support of nearly 58 percent of the voters and current legislation 
introduced by Sen. Jeff Brandes, R-St. Petersburg, it looks like one 
more indication that Florida residents believe marijuana has 
legitimate and valuable benefits.

"This is not going to be a one-time happening," said Stetson 
University law professor Bobbi Flowers, a former prosecutor. "When 
you have this case coming so close after the (November) vote, it's a 
sign this sort of defense is going to be very effective.

"I think it's going to have a ripple effect because prosecutors are 
going to have to reconsider whether they want to devote their scant 
resources on cases where their chances of success are not as high as 
they once were."

Even so, Pinellas-Pasco State Attorney Bernie McCabe is not ready to 
throw in the towel just yet.

"I don't think you can call one case a trend," McCabe said. "I don't 
think there's any question that the state is moving in that 
direction, but the law hasn't been changed yet. So I don't think you 
let six (jurors) in Broward decide prosecutions for the rest of the state."

More than 20 years ago, the 1st District Court of Appeal overturned 
the conviction of a Panama City Beach couple in a similar case, 
citing a centuries-old right to break the law in order to avoid a 
greater harm, essentially creating a medical necessity defense.

Still, most defendants have been hesitant to take their chances in 
front of a jury.

In Teplicki's case, he could have walked away with 18 months' 
probation if he had taken a plea deal. Instead, he faced a potential 
five years in prison. He did it, he said, because he did not want to 
face life without marijuana. Having tried dozens of prescriptions 
over the years, he said marijuana is the only drug that curbs his 
nausea and stimulates his appetite.

"All it took was one man with the guts to stand up for his rights," 
said attorney Michael Minardi of the Kelley Kronenberg law firm. 
"I've already sent emails to state attorneys offices where I have 
other clients in similar situations. I hope it makes them think 
twice, knowing that this is going to be a legitimate defense."
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