Pubdate: Sat, 10 Oct 2015
Source: Alaska Dispatch News (AK)
Copyright: 2015 Alaska Dispatch Publishing
Contact:  http://www.adn.com/
Details: http://www.mapinc.org/media/18
Note: Anchorage Daily News until July '14
Author: Jerzy Shedlock

MAN TELLS ANCHORAGE JUDGE CANNA-BUSINESS OWNERS WERE HIS 'CARETAKERS'

A man who says he suffers from severe Tourette's syndrome told an 
Anchorage District Court Judge on Friday that three people charged 
with delivering and possessing marijuana were his caretakers.

All three canna-business owners showed up at the Nesbett Courthouse, 
but two of the hearings were vacated. Alaska Cannabis Club owner 
Charlo Greene's case inched forward; attorneys discussed bail 
conditions and the possibility of moving her charges to a higher court.

Related: Drug charges filed against Alaska canna-business owners 
Anchorage police arrest marijuana delivery driver in sting operation

"Those three parties being called criminals, I have a high problem 
with that," said Jon Schumacher Jr., saying his medication brings 
normalcy to his life. Tourette's syndrome is a neurological disorder 
that causes involuntary tics and vocal outbursts, sometimes obscenities.

Greene, Rocky Burns and Michael Crites were charged in September with 
fourth-degree misconduct involving a controlled substance, a felony, 
and in the fifth-degree, a misdemeanor. Crites listened in on the 
hearing, while Burns was present outside the courtroom.

The Office of Special Prosecutions and Appeals did not immediately 
return a request for clarification on what is happening with the 
cases of Crites and Burns.

In past months, each business has been the target of police raids. 
State regulators have said they were operating illegally and, along 
with two marijuana social clubs, were sent "cease and desist" letters 
in July. The businesses insisted they were operating legally.

Greene's attorney Keri Brady said her client's case was moving 
through the court process and did not enter a plea. She asked the 
court to allow Greene to attend future hearings over the phone, as 
Greene has scheduled several "speaking engagements" this month.

District Court Judge Alex Swiderski asked the state for its 
recommendation on bail, and assistant district attorney Christina 
Sherman asked the court to bar Greene from using controlled 
substances, including marijuana.

Brady said the state had previously represented it would request 
Green not participate in any illegal marijuana business practices. 
The judge opted to put bail conditions on hold.

Sitting behind the defense table, Schumacher fidgeted and struggled 
to contain outbursts as the attorneys discussed Greene's case. He 
asked to speak as a victim in the three marijuana cases; Swiderski 
initially offered him 30 seconds to give comment.

Standing in front of the podium, Schumacher stuttered as he asked the 
judge for at least a minute. He then asked the judge if he could take 
his medicine before speaking, which the judge permitted.

Schumacher reached inside his coat and pulled a small vial containing 
a marijuana tincture from a pocket, opened it and squeezed some of 
the liquid from a dropper into his mouth. He stood silently for a 
moment then began speaking again, appearing much more calm before the judge.

Schumacher told the judge he was in court representing the medical 
marijuana community and himself as a medical marijuana cardholder. 
Greene, Crites and Burns have been stigmatized as criminals, he said.

"I am a victim of the (state's Marijuana Control Board)," Schumacher said.

"I perceive (the three defendants) as caretakers that stood up and 
took a stand when no one else would to serve the medical community as 
well as the veterans" to improve access to medicine, he said. "I 
would like you to take that into consideration."

Outside the courtroom, Schumacher said the control board has hindered 
his ability to obtain medicine that helps stops his uncontrollable 
tics. The business owners facing charges were the first people he 
could rely on for accurate information about the marijuana he ingests, he said.

He described the liquid in the vial as a mixture of cannabis and 
Bacardi 151. The solution can be made with any alcohol, he said.

Since his caretakers were charged, Schumacher said, getting his 
medicine has been difficult. He's had urges to harm himself, he said.

"I hope to the creator what I did today has an impact," he said.

Greene shook her head when asked for comment after the hearing.

"I've advised her not to speak to the media because it's not safe 
when there's criminal charges pending," said Brady.

Burns declined to comment outside the courtroom. Vickram Chaobal, 
attorney for Discreet Deliveries driver Birchie Walter, who was 
arrested in January, said Friday that Walter had entered into a 
deferred sentencing agreement with the Municipality of Anchorage. The 
conditions are: If Walter does not break any laws for a year, the 
municipality will dismiss the case.

Crites also declined to talk about his case other than to ask, "Why 
isn't there a doctor on the Medical Marijuana Control Board?" 
referring to Schumacher's comments.

Alaska Dispatch News reporter Laurel Andrews contributed to this story.
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MAP posted-by: Jay Bergstrom