Pubdate: Thu, 8 April 1999
Source: Naples Daily News (FL)
Copyright: 1999 Naples Daily News.
Contact:  http://www.naplesnews.com/
Author: Jeffrey McMurray, Associated Press

HIGH COURT HEARS MAN'S CASE TO GROW MARIJUANA FOR MEDICINE

TALLAHASSEE - The attorney for a man who says smoking marijuana is the only
way to ease his glaucoma and nausea asked the Florida Supreme Court to let
his client grow the illegal drug in his yard.

The case of 61-year-old George Sowell could reveal whether the court will
allow a medical exception to the statewide substance ban.

Sowell, who received a kidney transplant 17 years ago after glaucoma drugs
caused the organ to fail, said Wednesday he started growing the plant in his
yard because it helped ease the symptoms.

"I can't eat without using a little bit of it to kill the sickness in my
stomach," Sowell said by phone from his Chipley home.

But although Sowell said he grew marijuana on his farm for about 15 years,
he stopped the practice two years ago after his conviction on possession and
cultivation charges.

He said he still smokes about three marijuana cigarettes a day but gets them
from someone else.

"I have a good source I get it from," Sowell said. "He grows it
chemical-free. I am a law-abiding citizen, and I don't want to be breaking
the law, but they force me to break the law."

A trial judge refused to allow a "medical necessity" defense, but the 1st
District Court of Appeal overturned Sowell's conviction and probation
sentence on the grounds the argument should have been allowed.

The state attorney general's office appealed to the Supreme Court, which
likely won't make a final ruling for several months.

Wednesday's arguments focused on whether the Legislature intended to ban
medical marijuana more than three years after a case that involved two
Panama City Beach residents suffering from AIDS. Like Sowell, their 1990
convictions for growing marijuana plants for medical use were overturned by
the same appellate court, but the Supreme Court refused to hear the case.

Kenny and Barbra Jenks have since died, but their legal victory fueled a
statewide movement to legalize marijuana for some purposes.

Assistant Attorney General Giselle Rivera told the high court the
Legislature ended any ambiguity when it passed a 1993 statute that said
drugs such as marijuana have no "medical purpose."

The statute also refers to a legal alternative - a synthetic version of
tetrahydrocannabinol, or THC. Sowell had the option to use that, Rivera said.

"He could have gotten a doctor's prescription to use synthetic THC," she
said. "Because the Legislature has added this in, it has done away with the
medical necessity of marijuana in this state."

Sowell said he never tried THC but had spoken with others who didn't think
it worked as well as marijuana.

Attorney John Daniel, who represents Sowell, spoke for only a few seconds,
telling justices lawmakers weren't trying to outlaw a common-law "medical
necessity" defense when they wrote the statute.

"You're not suggesting the Legislature can't do this?" Chief Justice Major
Harding asked. "The only thing you're saying is they've not done it?"

"Yes, your honor," Daniel answered. "And I hope they never do."

Justice Leander Shaw and Barbara Pariente also questioned the attorneys,
expressing concerns that the court would be eliminating the "medical
necessity" defense without enough proof.

Regardless of the 1993 Legislature's intent, it's clear the new Legislature
isn't interested in legalizing medicinal marijuana now.

The Senate has already held a statewide drug summit, and both chambers are
pushing bills to tighten the reigns on drug criminals.

Cory Tilley, spokesman for Gov. Jeb Bush, said the governor doesn't want to
allow medical marijuana because he fears it would lead to widespread
legalization.

"It's going the opposite direction he wants to go," Tilley said. "He wants
to bring this state's feelings about drugs to the forefront and try to
discourage youngsters and older people who are addicted."

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