MEDICAL MARIJUANA DEFENSE GOES UP IN SMOKE

TWIN FALLS - A Twin Falls woman faces up to five years in prison after a
jury convicted her Friday of intending to deliver marijuana that she said
was used strictly for medicinal purposes.

The jury deliberated for two hours and 20 minutes before convicting
52-year-old Kathy Tadlock, whose medical marijuana defense was never
considered by the jury.

District Judge Nathan Higer ruled that Idaho law does not recognize the
defense, and any evidence related to that defense could not be considered by
the jury.

Higer also disallowed a common-law "necessity defense," which was allowed in
a 1996 marijuana-trafficking case in Twin Falls County. Higer ruled that
evidence failed to show Tadlock was in immediate harm because of her pain or
that Tadlock had exhausted all reasonable alternatives to alleviate her pain.

Without the medical necessity evidence, the jury was left to consider what
police found in Tadlock's bedroom and Tadlock's explanation of those items,
which included a half pound of marijuana, $5,000 in cash, sandwich bags and
scales.

The combination of items and the fact they were found near each other
painted a clear picture of drug dealing, Deputy Prosecutor Jill Sweesy said.

"These unsophisticated sandwich bags are the tools of the drug dealer," she
said during closing arguments.

But that was hardly the case, said Tadlock's lawyer, Public Defender John
Hansen.

"There are two interpretations in this case -- the prosecution's
interpretation and the truth," he said.

The defense painted this picture:

The cash: Tadlock and her son saved it during a two-or three-year period,
Tadlock testified Friday.

The sandwich bags: They were used to divide her bulk marijuana and herbs
into smaller units, she said.

The scales: One belonged to her brother and the other wasn't used to weigh
drugs, she said.

The marijuana: Tadlock never denied possessing it, but she did say it didn't
all belong to her.

The jury could have found that Tadlock had no intent to deliver while still
convicting Tadlock for felony possession of marijuana. Tadlock virtually
admitted to that during her testimony when she relayed her struggles with
constant pain and the many failed attempts to relieve it with conventional
treatments.

Often referring to marijuana as her medicine, Tadlock said it was the only
drug that alleviated her pain and still allowed her to function.

The jury did not consider that testimony, and it didn't buy Tadlock's
assertion that the marijuana police found was for personal use. Sentencing
was scheduled for Nov. 23.

Hansen said he and Tadlock might appeal the case.

Times-News writer Brian Haynes can be reached at 733-0931, Ext. 238, or by
e-mail at bhaynes@magicvalley.com