APPEAL OF CONVICTION LANDS MEDICINAL MARIJUANA USER IN JAIL

EMPORIA - "Yes, I smoked marijuana today before I came to court, just as I
do every day," said Vickie Moss after she took the witness stand in her own
defense.

Moss pleaded not guilty to the marijuana charge, then stated that she uses
the drug to help mask chronic pain. She was in circuit court appealing a
conviction in district court for having the marijuana. Though she knows
medicinal use of the drug is illegal in Virginia, she argues that it is the
only thing that eases her pain.

She lost the appeal and must spend 10 days in jail.

Moss says that she smokes the drug daily to help the pain that she suffers
from fibromyalgia. The painkillers and other pills prescribed to counter the
muscloskeletal pain that dates back to a 1990 car accident eat away at the
lining of her stomach. She has had a number of surgeries to stretch her
esophagus over her damaged stomach, including a radical new operation in
November.

On Sept. 3 Officer Frank Mainwaring of the Emporia Police Department stopped
Moss for speeding 37 in a 25 mile-per-hour zone. He testified that he
smelled burnt marijuana on her when he started to write a ticket.

Moss consented to a search of her car. Before the officer could start the
search she candidly told him that there was a small amount of marijuana in a
cigarette case on the seat of the car, Mainwaring testified.

He stated that after she told him about her medical use of the plant, he
read her the Miranda rights. Mainwaring stated that he did this after her
statement but before he searched the car. He testified that he found a green
plant-like substance in a can inside of the case along with a roach clip
used for smoking the drug, papers to roll marijuana with and partially
burned butts from marijuana cigarettes.

As Mainwaring was showing the contents of the cigarette case, he said, "I
just found another 'roach' from a marijuana joint. I didn't know this was in
there."

The police officer also testified that he saw a pistol lying in the back
seat in open view, but that it was legal for her to have it.

Moss had previously been convicted for the sale of marijuana as an
accommodation, which means that she purchased the drug from a dealer, for an
informant, but did not profit financially herself from the sale. She was not
tried this time as a second offender because the charges were written up
under different statutes.

On the witness stand Moss talked candidly about her marijuana use. "I have
chronic pain syndrome," said Moss. "I have my doctor bills to prove how much
money I have spent on doctors in the last nine years since I was rear-ended
in an automobile accident."

Moss had a three-page list of medications that were prescribed, as she
searched for a cure for the pain. "It has been the only thing I could find
that would mask the pain. It does not take the pain away, but masks it
enough that I can tolerate it."

"It makes me feel better," Moss said. "No doctors will prescribe the
marijuana for me. I've asked." She stated that she knew that five states had
medical marijuana laws but they only covered glaucoma and cancer and the
drug could not be legally prescribed for her condition.

Moss had a letter that a Richmond doctor had written in 1995. She stated
that she was treated by this doctor for three years before she started going
to Roanoke Rapids to a physician because it was closer.

"I believe Mrs. Moss' attempt to utilize Cannabis has been strictly for
medicinal purposes and under her personal circumstances would certainly seem
a reasonable medical approach (if legal) for her chronic pain and associated
anxiety," wrote the doctor to her lawyer in 1995.

Moss admitted to the court that she could not promise to quit her use of
marijuana, because she has tried before but nothing else helps the pain.

Lyndia Person, commonwealth's attorney, asked Moss how she obtained her
marijuana. Moss replied that she had to buy the drug on the street.

When Person asked her where she purchased the drug, Moss stated that she did
not think the question was relevant and her lawyer objected to her having to
answer the question.

Moss was represented in this trial by C. Gilbert Hudson Jr., although he had
been the prosecutor for her previous marijuana charge. Judge Robert G.
O'Hara Jr. sustained the objection raised by Hudson. He said the question
did not have to be answered in this phase of the trial because she had not
been convicted of the crime yet.

But the question would come up again when she testified the second time.

O'Hara stated that Moss was still guilty of possession of marijuana because
she did not have a legal prescription for the drug.

Moss took the stand to testify again after she was convicted, but before she
was sentenced. Person again asked her where she obtained the drug. Moss
stated that she had to "stay in those circles" to obtain the marijuana she
needed.

O'Hara told her that the prosecution had more leeway during the sentencing
part of the trial and could now ask her that question.

Moss replied that a friend from Carolina would obtain it for her or that
people stopping by her house would ask her if "she wanted to smoke a joint."
After being questioned further about who these people are, she gave the
court a name.

"If she is guilty of anything," said Hudson, "it is being too open and
honest with Mainwaring and the court."

Person argued that Moss was flaunting her drug use before the court. "Maybe
if she sits in jail for a few days she might be able to learn to control her
pain," said Person.

Moss testified that her condition affects her neck, shoulders, back and a
spot on her head where her hair had fallen out and left a bald spot.

Moss also testified that her husband, Glenn, was operated on last week for
bladder cancer, that he had his bladder and a kidney removed and that he is
at home recuperating.

O'Hara convicted her of a first offense marijuana possession charge. He
sentenced her to 30 days in jail, and suspended 20 days of the sentence.
O'Hara gave her a week before she had to report to the jail to serve the 10
days so that she could make arrangements for her husband's care.

"What is this suppose to prove?" Moss asked the judge after she was
sentenced. No reply was given by the judge.

Person then reminded the judge that this offense calls for an automatic
six-month drivers license suspension. Moss's drivers license was suspended
for six months, but she can get a restricted license to drive herself and
her husband to and from the doctor.

In an earlier conviction in district court, she had received a 90-day
suspended sentence by Judge John Baker, but was ordered to serve 40 hours of
community service, to attend drug counseling sessions, to lose her drivers
license for six months and to pay a fine and court costs.

Moss appealed the decision because she did not want to lose her drivers
license.

She has to report to the jail by 2 p.m. Thursday.