N.J. MAN WITH MULTIPLE SCLEROSIS GETS PRISON FOR GROWING MARIJUANA

FRANKLIN TOWNSHIP (Somerset) -- The judge who sentenced a Somerset
County man to five years in prison Friday for growing marijuana to
treat his multiple sclerosis noted there are others who suffer from
the disease who don't resort to illegal behavior.

"Many people who suffer from MS and other chronic diseases do not use
it as justification to break the law," Superior Court Judge Robert
Reed told a Somerville courtroom packed with supporters of the New
Jersey Compassionate Use Medical Marijuana Act, which takes effect in
July and will give patients with debilitating diseases structured
access to the drug.

In handing down the sentence, Reed noted the defendant, John Ray
Wilson, began using marijuana at age 15, years before he was
diagnosed with MS in 2002. The judge also said he took into
consideration Wilson's four prior arrests, including a 2004 guilty
plea for harassment.

Wilson, 37, of Franklin Township, was tried in December and a jury
convicted him of second-degree drug manufacturing for growing 17
plants, and third-degree possession of psilocybin mushrooms.

Jurors acquitted Wilson of the most serious offense, first-degree
operation of a drug-manufacturing facility.

In court Friday, Reed said he recognized the sympathy many had
expressed for Wilson, but said there were not enough factors to
justify giving Wilson probation or to sentence him for a lower-degree
crime. Instead, he gave Wilson the lowest possible sentence for a
second-degree crime and gave him a concurrent three years for
possession of the mushrooms.

"For me to decide that Mr. Wilson is ‘morally blameless' and
therefore should not be subject to criminal sanctions, is to decide
that I am the arbiter of justice, guided by no more than my own view
of what is morally right and wrong," Reed said.

During the trial, Reed barred Wilson from using his illness as a
defense. Under the law, there is no personal-use exemption for the
cultivation of marijuana and at the time of the trial, there was no
law that permitted the medicinal use of the drug.

The judge allowed Wilson to make a brief reference while he was on
the witness stand, but only to rebut testimony of two State Police
detectives who said they never asked why he was growing the plants
behind the home he rented in Franklin Township.

Reed's sentence reduced Wilson's mother and sister to tears as his
father glared at the judge.

Before the sentencing, Wilson apologized.

"I don't want to stand up here and make excuses for what I've done,"
he said. "I had no malicious intents to start a drug distribution
facility. Honestly, it was trying to treat my MS."

Defense lawyer James Wronko said Wilson was uninsured and other
alternative treatments for his MS had failed. "Mr. Wilson's acts
never affected any other members of society, except for the drug
companies," he said.

Deputy Attorney General Daniel Bornstein argued for a seven year
sentence, highlighting Wilson's criminal history.

Chris Goldstein, a board member for the Coalition for Medical
Marijuana New Jersey, said he felt the judge showed as much leniency
as he could.

"If the Legislature had passed the bill prior to 2008, John would be
part of a state medical program for cannabis, and he would not have
had to grow his own," he said.

"I continue to be amazed that in our system of justice, an individual
who is growing marijuana to treat his personal multiple sclerosis
ends up in state prison," said Wronko, who promised an appeal. "I
find it extremely ironic that an individual who could not afford
medicine and had to resort to growing marijuana is now going to state
prison where he will be given access to all the drugs available to
treat multiple sclerosis."