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News (Media Awareness Project) - US FL: Florida Man Gets Probation In Medical Marijuana Case
Title:US FL: Florida Man Gets Probation In Medical Marijuana Case
Published On:2003-03-15
Source:Macon Telegraph (GA)
Fetched On:2008-01-20 22:14:32
FLORIDA MAN GETS PROBATION IN MEDICAL MARIJUANA CASE

DUBLIN - A Florida man who claimed a medical need for marijuana will serve
five years probation after a judge declared him guilty of marijuana
possession Friday.

Joseph Walbroehl admitted to hauling 1.5 pounds of marijuana through
Laurens County. He was visibly upset after the sentence was pronounced; he
said marijuana is the only pain-relieving drug that his body can tolerate.

"I'll be dead in a few months," Walbroehl said in an interview after the
hearing. "My insides will start bleeding."

In a previous hearing, he said he would rather be sentenced to death than
be told he could no longer use marijuana. He suffers pain as a result of a
car falling on him and from three rear-end collisions.

In a bench trial held Feb. 17, Walbroehl said he needs marijuana to
survive. A synthetic prescription form of the drug, he said, is not as
effective.

His attorney, Joe Thalgott, argued that Georgia's law against medical
marijuana use is unconstitutional, because it allows marijuana for cancer
and glaucoma sufferers but not for other conditions.

Thalgott said he will more than likely appeal the decision.

In announcing the verdict, Flanders said he had sympathy for Walbroehl but
believed he had no other choice under the law.

"I believe your testimony is sincere," said Flanders. "But I am sworn to
apply the law as I interpret it."

Flanders also fined him $1,000. However, Walbroehl's honesty with a
probation officer ended up convincing Flanders to reduce his costs.

After the hearing was over, Walbroehl met with the probation officer. When
the officer explained the monthly fees involved in probation, Walbroehl saw
that he would need to pay about $180 month, including payments on the fine.

He immediately told the officer that he would end up violating his
probation, because he couldn't afford his medication and the court costs.

The probation officer notified Flanders, and the hearing was reconvened.

After Walbroehl explained his financial situation, Flanders agreed to waive
the probation fee, and make other changes to reduce his monthly costs.
Walbroehl will now have to pay only $15 per month, with the cost of the
fine spread over five years.

"I guess there is some compassion here," Walbroehl said after the decision.

Walbroehl, 43, of Key West, Fla., was stopped on Interstate 16 in Laurens
County for speeding, and deputies found the marijuana in his vehicle. He
said that he bought the marijuana during a trip to Emory Hospital in
Atlanta. He testified that he bought that much because it would last him
more than a year, and he did not like continuously going out to buy more.
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