MEDICINAL POT DEFENSE FAILS

Madison man found guilty of possession

A Madison marijuana activist failed in his bid Thursday to convince a jury
to acquit him of pot possession charges because he uses the drug for medical
purposes.

Steven E. Wessing, 42, a longtime advocate for legalizing marijuana for
medical purposes, was found guilty of possession of marijuana and drug
paraphernalia. The jury deliberated about 20 minutes.

Wessing admitted to the crimes on the witness stand but said he used the
marijuana and hashish found in his apartment for medicinal purposes, and not
to get high.

"It's purely therapeutic," Wessing said. "I use marijuana to alleviate pain
and to prevent pain."

Dane County Circuit Judge Angela Bartell assessed Wessing $150 in court
costs following the verdict and suspended his driver's license for six
months as required by law. Wessing had served three days in jail at the time
of his arrest on Oct. 16.

The question now is whether Wessing will appeal the verdict in hopes of
getting courts to overturn Wisconsin's law. Whether that happens depends on
finances, said attorney Peter Steinberg, who represented Wessing.

Meanwhile, Wessing said he plans to move to the state of Oregon, one of 10
states which has passed laws allowing doctors to prescribe marijuana for
certain patients. Wessing traveled to Oregon after his arrest in Madison and
was seen by a retired physician who said he would qualify to get medicinal
marijuana under Oregon's law.

At the close of Thursday's trial, Assistant District Attorney Jason Hanson
told jurors there was "overwhelming and uncontroverted" evidence to convict
Wessing.

Steinberg, who quoted historic figures ranging from Abraham Lincoln to
Martin Luther, suggested that jurors step outside the narrow confines of the
law and find his client not guilty.

"The law is like a flowing river," Steinberg said. "It is ever changing."

Should the case be appealed, Steinberg will argue that the Wisconsin law is
unconstitutional and that Wessing should have the right to choose to use
marijuana for bona fide medical reasons.

Wessing testified that he suffers from a congenital back condition which
leaves him with spasms and pain; migraine headaches and other maladies. The
use of marijuana eases the pain better than other drugs, he said, and
lessens the frequency of his bouts of pain.