GASTON CANDIDATE DEFENDS MARIJUANA USE FOR HEALTH CONDITION

A Bessemer City mayoral candidate convicted three years ago of marijuana
possession says he would keep using the drug for medicinal purposes even if
elected.

Kenneth James Wells Sr., 44, says he began using marijuana to stimulate his
appetite after surgery on his stomach and esophagus in 1992. Marijuana use
is illegal in North Carolina, including for medicinal purposes. Wells says
he would like to stop using it, but that he can't eat without smoking small
amounts.

Wells, who has two new misdemeanor marijuana cases pending in court this
month, doesn't think his drug use would interfere with his performance as
mayor. And he also doesn't feel it would be a bad example for the young
people he says he wants to help. He says he knew the marijuana use could be
a campaign issue, but he filed for the mayor's post anyway because of his
interest in getting a trade school for troubled youth.

"I know some people think it's a joke that I'm running for mayor," says
Wells, who works for a Charlotte waterproofing company. "But it's not. I'm
a very serious candidate, although I know I have very little chance of
winning. I'm willing to accept that."

Gaston court records show Wells was convicted of misdemeanor possession of
up to a half-ounce of marijuana in 1997. The next year, he was convicted of
resisting a public officer and later filed an appeal.

Later this month, Wells is scheduled to be tried on misdemeanor charges of
possession of up to a half-ounce of marijuana and possession of drug
paraphernalia. Also pending are two felony charges of possession and
manufacture of the tranquilizer Xanax. (Under N.C. law, manufacturing can
apply to packaging and repackaging a controlled substance outside its
original container.) Wells says he has a legal prescription for Xanax and
hopes the cases will be dismissed.

A spokesman for the N.C. Elections Board says anyone convicted of a felony
can't hold elected office.

Former City Council member Alan Farris, who is also running for mayor, says
he won't bring up the issue of Wells' marijuana use.

"I don't see the need," says Farris, former chairman of the Narcotics and
Drug Commission of the Centralina Council of Governments. "The law is clear
that a felon can't be sworn in. And as for the marijuana, that's a moral
issue. That's his own business."

Some states, including Arizona, California, Nevada, Oregon and Washington,
have passed referendum measures to legalize marijuana for use by seriously
ill patients. Maine votes on a similar measure in November.

But marijuana is still against the law in North Carolina and doctors can't
prescribe it.

Assistant Gaston District Attorney John Greenlee says possession of more
than 1 1/2 ounces of marijuana is a felony, and possession of lesser
amounts a misdemeanor.

"Possession of any marijuana, whether it's one seed or one leaf, is
illegal," says Greenlee, who will prosecute the charges against Wells.
Greenlee says he hasn't decided whether to prosecute the felony charges.

Wells, a Gaston County native, thinks North Carolina should legalize
marijuana for medicinal use.

He says the problems that led to his marijuana use began in 1989 when he
suffered severe internal injuries after inhaling a chemical on the job.

In 1992, Wells says, the condition got so bad he underwent surgery on his
stomach and esophagus.

"I had liver problems and I retained fluids and would swell up," he says.
"I couldn't eat. A friend of mine suggested smoking a joint."

Wells says the marijuana enhanced his appetite, and he's been using it ever
since.

"I don't sell it or manufacture it or use it in front of my children," he
says. "I just use a small amount of it so I can eat. I'm not ashamed of it."

Despite being convicted of resisting a public officer, Wells says he's not
a violent or "bad" person. He says that charge stemmed from a confrontation
with local officers at the Bessemer City police station. According to a
police report, Wells' daughter had gone to the police station to report an
assault and Wells wanted to see the person who had been accused. Police say
Wells obstructed and delayed their efforts.

He says his decision to run for mayor was based on a desire to help young
people who had, like him, "come up the hard way."

"I have every right to run for public office," Wells says. "I don't feel
I'd set a bad example."

Wells says as mayor he'd try to persuade young people not to use marijuana
or other drugs.

Meanwhile, he says he'll continue smoking marijuana even though he'll run
the risk of landing in trouble again.

"I wish there was a better way," Wells says.

Reach Joe DePriest at (704) 868-7745 or jdepriest@charlotte.com.