Marijuana Grower With MS Guilty, Faces 5-10 Years

John Wilson

A New Jersey man on trial for growing 17 marijuana plants on his property was found not guilty yesterday of the most serious charge against him, that of operating a drug production facility, which carries a potential 20-year sentence. But multiple sclerosis-sufferer John Wilson, 37, still faces the possibility of five to 10 years in prison, because the jury found him guilty of second-degree manufacturing and third-degree drug possession. It's possible that Wilson avoided conviction on the most serious charge because he cast doubt on the credibility of state troopers who arrested him in August 2008—with a little help from the National Guard.

Wilson maintains that he was growing the marijuana because it helps alleviate his MS symptoms, but Superior Court Judge Robert Reed had ruled that the validity of medical marijuana was a matter for the Legislature and inadmissible in court. Nevertheless, Wilson was able to make one mention of his condition during his testimony on Wednesday, when he contradicted the state troopers who swore they did not discuss why he was growing the drug. "I told them I was not a drug dealer and I was using the marijuana to treat my M.S.," Wilson said.

Juror Mark Imbriani, who is actually a criminal defense lawyer in Somerville and a former assistant prosecutor in Union County, tells the Star-Ledger that some jurors "didn’t feel as though (the detectives) were being candid when they responded to those questions." The trial prompted sick marijuana users to protest outside the courthouse, and two state senators who sponsored a medical marijuana bill have been seeking a pardon for Wilson. "This case has been a horrible waste of taxpayers’ dollars and just a cruel and inhumane use of prosecutorial powers, which is one of the things pardons are designed to overcome," New Jersey State Senator Ray Lesniak said.

Speaking of wasting taxpayer dollars, it also emerged during the trial that the military helped bust the sickly pot grower. Deputy Attorney General Russell Curley told the jury during closing arguments that the plants were spotted by a National Guard helicopter because they were 6 feet tall: "These weren’t plants. These were trees." And before his arrest, Wilson was surprised to see a helicopter hovering over his two-bedroom farm house, testifying that "it looked like some sort of Army, or I guess National Guard helicopter."

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By John Del Signore in News on December 18, 2009 9:31 AM

Comments [rss]

fred1963

If only he had lived in California where there's pot on every corner (search Hollywood, CA on http://www.weedneedz.com for instance) he would have been okay growing up to 99 plants in his back yard. Is it too late to change residency?

NannyState

10 years of paying for an MS sufferer's medicals because he grew some weed. NJ got a bargain when they hired shitty cops.

Sommelier

Barry Goldwater said "If a man wants to grow a weed in his back yard and smoke it in his living room, it's none of the government's damned business."

Yeah, THAT Barry Goldwater. Republican U.S. Senator, one of the founders of American Conservatism, Major General (U.S.A.F. Reserve).

Amanda Harletsch

Simple simple simple rules, for the simplest of societies!

Way too simple.

dadoc

What a waste and another miserable casualty of the "War on Drugs". The judge's gagging of the defendant in re his intentions is wrong. While not a legal affirmative defense, the info should have been allowed to be put before the jury considering the case. And I wonder if his defense attys even bothered to try to exclude the evidence, playing the curtilage/open fields issues. But, then again, it is Jersey. What did we expect?

Smitty025

I wouldn't be so quick to blame the judge, his hands may have been tied. Sometimes laws like this are written as "strict liability" statues, which means if you committ the crime you are guilty, period. Your reasons or intentions are irrelevant. I don't know if this is the case in NJ, but it's possible.

Dead Himmler

I don't think people realize that by having and doing drugs you are supporting the terrorists.

Mordicai

Oh Dead Himmler, your comment would be silly even if it wasn't in a debate about a guy who was busted for growing his own supply.

& if you really thought weed funds were going to terrorists, then you would see that legalizing it, taxing it, & letting it be grown domestically would...fix that problem?

hunter.blatherer

That is logical, easy to follow, and presented without much possible controversy. Therefore as an argument, it is inadmissible in public discourse.

Erk

...yeah the scary Canadian terrorists or the hippies in the Vermont Al Quaeda cell! Oh no! run for your lives!

leon

i'm going to dedicate tonite's spliff to this man. john wilson, this bud's for you. you suffer from this disease, yet you're being forced to fight for your medicine. medicine that brings relief. stay stong !

Mordicai

Ah, tall plants! Lordie, landsakes, don't let them be growing TALL PLANTS. This guy could have got REEFER MADNESS & killed hundreds of innocent school children...for SATAN. That is what I heard about "mary jane." It makes you EVIL. Right?

Fritzdecat

this is maddening

wonder what it cost per hour to spot dope plants with that chopper?

Recources wasted

a life ruined

feckin idiots

eyekantspel

The National Guard fly as part of training missions, and coordinating those flights with law enforcement is not a waste of taxpayer dollars, it's more like multitasking. If the pot plants were being grown by a drug dealer instead of a guy with M.S., the reaction would probably be different. It's not as if they can tell the guy growing narcotics in his backyard has M.S. from the chopper.

Fritzdecat

No wrong it is a waste of money because even if the Nat Guard is training they have much bigger fish to fry than a random acre of pot

people joke about there not having been more terrorism here without fully realizing the real work that is going on to prevent it

Those resources should be focused on that

Think again poor bastard with MS needs a little weed

jayzuus

felixthecat2

A NJ legislator needs to stand up and revised the law immediately before Wilsonf is sentenced

hotstepper

thank god for the good work of the NJ justice system, keeping this vicious thug off our streets. oh and god bless america and never forget 9/11 and all that.

hunter.blatherer

Narcoterrorism ftw!!! He probably "twitters" too.

Rebecca

I have MS too, and also use marijuana to alleviate some of the symptoms. This story makes me really angry, but there are so many like it. I hate that I'm relegated to buying drugs on the streets. A lot.

DanielJ

Common sense would dictate that if someone wants to grow a plant on their property to use for their own therapeutical purposes in their own home (and not to sell or carry across borders) it should be completely legal. I wonder how long it'll be before the government realizes that.

Trilby16

Really??? My soon-to-be-ex was guilty of growing many more plants than that, and he only did 6 (traumatic) weeks at Rikers and then 3 years probation. Why would they not cut this guy a deal?

TrippinJoJo

probably cuz the military was involved? its so stupid. give this dude his weed back and let him be. and stop wasting my $$ on these stupid trials.

legalize and tax weed. seriously