Medical marijuana in Alabama
It’s not there, and they don’t respect the idea. Phillip Smith reports:
Activists in Alabama have been trying for years to get a medical marijuana bill passed there. Last year, for the first time, a bill made it out of committee. Next year, they will try again, but even if they succeed, it will be too late for Michael Lapihuska.
Lapihuska, cursed with depression and Post-Traumatic Stress Disorder (PTSD), grew up in Alabama, but left the state after serving 13 months for possessing five grams of marijuana in 2003. The now card-carrying medical marijuana patient from California was arrested on marijuana possession charges again on December 15 in Anniston, Alabama, as he visited his family for the holidays.
Lapihuska was stopped by a police officer and accused of hitch hiking as he walked down a road. The officer demanded he be allowed to search Lapihuska, and he complied. The search came up with a prescription bottle containing one gram of marijuana. Lapihuska explained that he was a registered California medical marijuana patient and produced a patient ID card.
But Alabama justice doesn’t recognize medical marijuana, and Lapihuska was charged with his third marijuana possession offense, this one worth between two and 10 years in state prison. Under Alabama law, a first marijuana offense is a misdemeanor, but a second possession offense is a felony punishable by a year in prison. A third possession offense is a felony punishable by two to 10 years in prison.
"Alabama is a terrible, terrible place when it comes to drug laws," noted Loretta Nall, a long-time Alabama drug reform activist and leader of Alabamians for Compassionate Care, a medical marijuana activist group that has taken up Lapihuska’s cause.
Lapihuska’s public defender is urging him to cop a plea in which he would be sentenced to one year, with the sentence suspended and two years probation. But that deal also includes drug testing, and that’s a deal-breaker for him. "Everyone says just take the probation, but if I did that, I’d end up in prison anyway for failing the drug test," he said.
"This is Anniston, Alabama," said Lapihuska. "There is no way I’m going to win this case. But my doctor told me this was my recommended medicine. If I was prescribed Oxycontin, or morphine, or Xanax and was walking down the road, they would have had to give my medicine back. I broke the law, but I think the law is wrong. I’m looking at two to 10 years for a gram of marijuana prescribed by my doctor?"
Lapihuska has been stuck in Alabama since December while awaiting trial. It hasn’t exactly been fun, he said. "I’ve been miserable and anxious. I just want to go someplace where my medicine is safe and legal and I’m not at risk for using the medicine that works best for me."
In addition to repeated stints behind bars for using marijuana, Lapihuska has been hospitalized for mental health reasons 20 to 30 times, he said. "I’ve been on all sorts of medication. Most of my life has been eaten up with anxiety. They’ve tried Xanax, Thorazine, all kinds of things. They even gave me an anti-Parkinson’s disease medicine and told me I would have to take it the rest of my life. I would sleep 16 hours a day on those meds, I’d be shaking," he recalled.
"But now, I feel better than I’ve ever felt," he said. "I ride my bicycle 50 to 150 miles a day. And now they’re arresting me for the thing that cures me."
Continue reading. One hopes for jury nullification if this case goes to trial. Too bad that the judge would NEVER allow the defense to present this option to the jury.
It is ridiculous of course and yes in a sense tragic but then each state has it’s Laws and one should certainly consider reviewing such laws prior to entering a state where the prescribed drug they are using might be illegal with severe penalties.
I did not research his case any further than what I read in the post above but i want to comment that this situation smacks of a set up. He already had a couple of convictions in Alabama and knew of the ramifications (one would assume) if caught with the marijuana in his possession.
I wonder if one gram (a small bud) in a small flask was really necessary to have on him, walking down the highway where a Police officer..demanded ? to search through his belongings … hmmm…
regardless to bad for him and if he did it unintentionally
Nick
23 September 2010 at 9:51 am
You did note that this guy has mental health problems. Making good decisions can be difficult for those suffering from problems in their mental health.
LeisureGuy
23 September 2010 at 9:58 am
Yes I noticed that but then one wonders about the prescription itself. If he can’t seem to get a handle on what’s wrong or right (in a very general sense) then would he could he share his stash with at times a minor or someone else for example.
OK, depression manifests itself in many ways as does PTSD I imagine but I for one feel that it’s a bit odd to prescribe Marijuana for that as yes, it might give you a lift for a while but then you get that low or downer apparently as well when the Marijuana begins to wear off.
Then there’s the whole issue of the endorphin and dopamine issue. Science has studied and theorized that by taking a dopamine producing supplement then the Body naturally stops producing Dopamine since it is getting it from the drugs or Alcohol. When one withdraws from the supplement then it takes a few days to weeks for the Body to begin to kick into produce this chemical that makes us laugh and feel good etc.
Still I do not want to allude from the fact that your comments are valid one’s, just wonder if he was planted by those that want to promote Medical MJ use in the State of Alabama. He seemed like a perfect candidate.
Nick
23 September 2010 at 11:46 am
Well I for one can’t see this a being set up by the A.C.C. They will do anything to avoid negative publicity and always preach to not break the state law, even if it is wrong.
As far as his mental status and whether he might decide to share his prescription with a minor…It is against the law (no matter what state) to “share” prescription medications. But just for the sake of argument what if the same person had been prescribed Oxycontin, do you think the ramifications for sharing his prescription would be less just because the State of Alabama allows Opiates to be prescribed… No! Opiates are dangerous and often causes over dose just because the patent has forgotten whether or not they have taken their last dose. If they are prescribed Marijuana they can’t O.D.
It’s a simple case of right and wrong. And when it comes to the Marijuana Drug Law in this Great State there is a lot wrong.
Tim
2 October 2010 at 1:15 pm
The issue is very clear for me, Prescribed Medical marijuana is legal in California but not in all states as in the case with Alabama. Oxycontin is a very controlled medication that is nationally prescribed and therefore legal in all states as long as the person carrying it is the same as on the prescription.
It was illegal for him to be possessing Medical marijuana in Alabama and if he could not distinguish the right and wrong in this situation (especially after his previous arrests) then I wonder whether he had the mental capacity to determine right from wrong in other situational issues that would arise. I believe my statement (above) regarding this is completely valid.
My point ? Ignorance is not a defense in a court of law…or is it ?
I know what the argument that a person’s mental state is a defense but really, we are talking about a situation where a guy was arrested several times in Alabama for Marijuana possession then goes to CA and gets a prescription for it (valid only in CA) then goes back home and carry’s the marijuana on him walking down a Hwy (illegal ? suspicious ?) ) and therefore rather susceptible to being stopped by the Hwy police, I would say.
Nick
8 October 2010 at 12:32 pm
I was walking down the road with my medicine recommended for my illness by my doctor. Cannabis is used to treat post traumatic stress. It helps more then the 30 other drugs mixed up in Big Pharmaceutical companies kitchen. I’ve been hospitalized over 20 times for my conditions. Went through 20 -30 meds and a bunch of different labels. Now I found the medicine that works for me and this is wrong. It’s an herb. Caffeine, alcohol, and tobacco are drugs sold and consumed freely. No deaths are caused by cannabis.
Also my doctor had the choice to prescribe any drug (oxycontin, morphine, xanax) If I was walking down the street with them there would have been no problem. I had cannabis in my prescription bottle with my doctor’s recommendation. I know right from wrong; do you?
I knew the law. The law is wrong my friends. Draconian. This is my medicine. I think my doctor knows better about my health then the law makers, police, or judges. So do you think patients should be arrested for the medicine the doctor thinks best for there condition? God grows my medicine. Go check your medicine cabinet. Stop arresting patients.
Michael Lapihuska
19 January 2011 at 10:49 am