COUPLE SAY MARIJUANA WAS FOR MEDICINAL PURPOSES

Plants Were for His Wife's Pain, a Local Man Contends. Police Say
Indiana Doesn't Allow Medical Use.

MUNCIE -- The owners of a Muncie business, arrested and charged with
marijuana possession, said Wednesday that they grew the plant in
their rural Henry County home for medicinal purposes.

Police officers and prosecutors -- besides noting that Indiana law
does not allow marijuana use for medical purposes -- say they've
never heard that defense used before.

"We're going to plead not guilty, and we'll take it to the Supreme
Court if we need to," said Jeffrey L. Johnson.

Johnson, 46, and his wife, Bonnie L. Johnson, 48, were arrested
Tuesday in their home in northern Henry County after an Indiana State
Police investigation. They were charged with cultivating marijuana,
possession of marijuana and maintaining a common nuisance. They
posted bond and were released from the Henry County Jail.

Police said they found an indoor growing operation with 23 marijuana
plants and "nearly" a pound of processed marijuana.

The Johnsons own Wine-N-Vine, an East McGalliard Road business that
specializes in home beer-and-wine brewing equipment as well as indoor
gardening equipment, including hydroponic -- soil-free -- growing
tools and special lighting.

The company's Web site notes, "Home brew and home grown. Do it
yourself and enjoy it yourself! Don't tell anyone!"

State police Sgt. John Bowling of the Connersville post said the
investigation of the Johnsons began at their business, which led to
the warrant to search their home.

State Police Senior Trooper Ron Halbert conducted the investigation
and served the warrant Tuesday.

"That is a first for us, to have a prescription for marijuana shoved
in our face while we're reading a warrant," Halbert said. "It is
quite unusual."

The Johnsons opened their Muncie store in 2005, but Bonnie Johnson
had an earlier brush with the law: In May 2003, she was charged with
possession of marijuana. Four months later, she pleaded guilty to
littering and paid a $500 fine in Muncie City Court.

Details of that case were not immediately available because the file
had been moved to a Muncie City Court long-term storage facility.
Delaware County Deputy Prosecutor Joe Orick -- who handled the case
but doesn't remember it specifically -- said littering charges
sometimes occur in instances of "a very weak case."

"The case may not be prosecutable, and that's an alternative both
parties are in agreement with," Orick said.

Orick doesn't recall medicinal marijuana being argued in the earlier case.

"I've never heard that," Orick said. "I know that's an argument
across the country. I've never had that cited as an excuse by a
defendant or a defense attorney."

Indiana law does not allow marijuana use for medical purposes. Some
states, including California, do allow some amount of marijuana
possession for people with cancer, for example.

Jeffrey Johnson said his wife "has brain trauma and a lot of pain.
She has to have it."

Johnson provided police -- and The Star Press -- with a copy of a
2003 prescription by a Florida doctor.

"Bonnie Johnson has seizure disorders and migraine headaches," the
note reads. "She uses marijuana for medical reasons."

Jeffrey Johnson said he and his wife believed in using available
means to lessen her pain.

"That is a God-given gift," he said. "It says in the Bible the herbs
of the Earth will cure illness.

"We're not a common nuisance," he added. "We're not dope dealers.
We're not anything but law-abiding, God-fearing citizens. Indiana
state law just doesn't recognize medical marijuana yet."

Halbert was not sympathetic.

"Until Indiana changes its law, she needs to move to Canada or
California," the trooper said.