Pubdate: Fri 07/30 1999
Source: Gainesville Sun, The (FL)
Copyright: 1999 The Gainesville Sun
Contact:  http://www.sunone.com/
Forum: http://www.sunone.com/interactive.shtml
Author: Jud Magrin, Sun staff writer
Related: addition info on the Tacl trial & protest is on the Drug Policy
Forum of Florida website at http://www.drugsense.org/dpffl/

'MEDICAL' POT USER CONVICTED

BRONSON -- A Levy County jury dismissed the claim Thursday that a
46-year-old man needed marijuana to ease his pain, and convicted him and
his son of growing the illegal weed near their two-bedroom house in 1998.

The six-member jury took just under two hours to convict Joseph S. Tacl and
his son, Michael Tacl, 20, of growing and possessing marijuana and
possessing drug paraphernalia. They could get up to 11 years in prison, but
that is highly unlikely for first-time offenders.

After the verdict was read, Michael Tacl angrily left the courtroom and
sped off in his car, speeding around a corner and squealing the tires.
Sheriff's deputies took off after him and arrested him for reckless driving.

Circuit Judge Frederick Smith set sentencing for Sept. 1, to allow time for
pre-sentence investigations for both men.

The case was one of the first to go to a jury in a felony marijuana
possession case in Florida since the state Supreme Court in June
effectively said defendants were free to use the medical necessity defense
for marijuana possession.

The Tacls were arrested May 18, 1998, after sheriff's deputies entered
their property and uprooted nine, 3-1/2- to 4-foot-tall marijuana plants
and confiscated drug paraphernalia in the house. They found small bags of
marijuana and seeds as well.

Joseph Tacl never denied the marijuana operation at his home, saying he
needed it to relieve severe pain from an injury and the adverse side
effects brought on by legal drugs. Tacl's back was snapped in 1993 when he
was struck by a van in Leesburg. He can walk but must spend long periods of
time in a wheelchair or lying down because of screws and bars that have
been placed in his spine. During the trial, he spent time lying on a bed
brought into the courtroom.

Pharmacologist John Morgan testified for the defense that scientific tests
have shown that claims of marijuana easing nausea were valid. He also
testified that marijuana was relatively harmless -- at least compared to
the legal prescription painkillers Tacl was taking.

The defense tried to show that his son, Michael Tacl, was simply a
caregiver and was charged only because he lived in the same house. But
jurors said he was also guilty, apparently because of the amount of
paraphernalia found, which included several bongs and pipes.

Jurors were led from the courthouse by bailiffs and declined comment on
their decision.

Outside the Levy County Courthouse, the Tacls' attorneys, Andy Fine of
Gainesville and Gary Wainwright of New Orleans, said they would appeal to
the 1st District Court of Appeal, where judges have overturned at least one
marijuana conviction.

After the verdict, Joseph Tacl emerged from the courthouse in a wheelchair
pushed by his wife, Ann, who authorities had also charged. Those charges
were dropped last week.

"It's Levy County," said Tacl. "We're going to appeal it and win. I feel
very angry."

Ann Tacl said she was confident of a successful appeal.

"Everything's going to be OK," she said.

Nearby, Ann Tacl's best friend, K.C. Whitted of Gainesville, cried.

"I feel for the family. They have been through so much already. Michael now
has a conviction (on his record) because of the plant his father grows for
medicine," she said. "It's a victimless crime. I just don't understand it.

"I guess it takes a family like the Tacls to make history...and help others
(in the same predicament)," Whitted said.

Meanwhile, supporters of legalizing marijuana, who have camped out at the
courthouse during the trial, took turns on a bullhorn, railing against
local authorities, vowing to come back to Levy County at election time to
help replace them. Curious onlookers emerged from nearby offices.

David Tillman of Jacksonville, who is blind and a diabetic, called the
trial and case a "waste of taxpayers' money."

But Levy County resident Teresa Turner told the much louder marijuana
supporters that she didn't think it was right for people to take drugs,
including marijuana. Turner said she would never give her child illegal
drugs. She said other medicines are available for Joseph Tacl to relieve
his pain and other problems caused by strong prescription drugs.

"It (marijuana) can be addictive just like cocaine," she said.

Six states allow marijuana possession for certain people who can document a
medical need. Florida isn't one of them, although supporters of the idea
are collecting signatures to get the issue on the 2000 ballot.

Prosecutors Tim Browning and John Wentzlaff declined comment after the verdict.

They told the jury to push sympathy out of their minds, to just follow the
law. During closing arguments, Wentzlaff told the jury not to be swayed by
out-of-state doctors called by the defense.

"No one from another state can tell you you are wrong...that you are
ignorant," Wentzlaff said.

"When (Joseph Tacl) is caught he lays in bed and talks of his grievous
injury," Wentzlaff said. "He just wants to smoke pot." 
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