cannabisnews.com: Ailing Woman Ticketed After Police Find Pot





Ailing Woman Ticketed After Police Find Pot
Posted by CN Staff on May 28, 2004 at 12:19:11 PT
By Ginny Merriam of the Missoulian
Source: Missoulian 
Robin Prosser has lost her house, her dog, her cat and her prized shiny-black Kawai grand piano over being sick for more than a decade and trying to use marijuana as medicine. On May 10, she tried to lose her life.On Thursday afternoon, she told Municipal Court Judge Don Louden she'd like more time to decide how to plead to charges of possessing dangerous drugs and drug paraphernalia.
Missoula police discovered the two pipes and a small amount of marijuana in her dresser drawer after Prosser's psychologist called them to her apartment on West Broadway. Paul Bach, who has treated her for six years, received a suicide e-mail from Prosser when he arrived at his office Monday, May 10, at 8 a.m. She had written it the night before."I fully intended to be dead the next day," Prosser said Thursday after her court appearance."I couldn't get the medicine I needed," she said. "So I decided I'd rather die than live with that pain."Prosser is 47 and moved to Missoula 11 years ago to study composition in the University of Montana's music department. She formerly lived in Chicago, where she worked as a systems analyst with an insurance firm. She has lived with an immunosuppressive disorder that's related to lupus since she was 28. She is allergic to narcotic prescription drugs. She said the only thing that has relieved her bone pain, muscle spasticity, irritable bowel, spinal pain, constant migraines and other symptoms is marijuana, which she smokes.But it's illegal. So when police looked in her dresser drawers to find out what pills she may have taken that Sunday night and found the pipes and the tiny bit of pot, they took them. She received the tickets in the mail last Wednesday."I'm sick about it," she said. "I don't feel that I'm a criminal. I have a clean record."Louden gave her until June 11 to reappear and enter a plea. He told her that she could receive up to a year in jail. She would have to take a drug rehabilitation course."I'm terrified," Prosser said. "Terrified. I can't imagine if they imposed the maximum sentence."Prosser thinks she'll plead not guilty. But she has yet to find a lawyer who will help her. She has no money."Pleading guilty is not an option," she said.Missoula Police Capt. Marty Ludemann said that because Prosser possessed illegal drugs, she had to be charged with that."It has nothing to do with her illness," he said."I think the reason why we charged her is Montana does not allow the medical use of marijuana," he said.What the case will turn on, he said, is whether the pipes and container would be considered to be in "plain view" of the police officers."That's going to be a question," he said. "The judge may say that's not allowed. He's the final word on it."Bach, a clinical psychologist, said Prosser functions very well cognitively and emotionally and seems unaffected in those areas by the marijuana use. It makes a great difference for her physically by relieving her pain, he said."She benefits from it greatly," he said. "In the years I have followed her, I think I have recognized when she has adequate cannabis supply and when she does not."This was Prosser's second dry spell of being unable to obtain marijuana, she said. When Bach arrived at her apartment, she was in bed and nearly unconscious, he said. She had taken sleeping pills she ordered over the Internet."This was a serious suicide attempt, no question," he said.Prosser has lived on Social Security disability payments for 14 years. Two years ago, she fasted for more than a month in a hunger strike to plead for the legal medicinal use of marijuana.Cannabis was used for various ailments for at least 4,000 years but became illegal in the United States in 1937.Paul Befumo, who's the spokesman for the Medical Marijuana Policy Project of Montana, the organization supporting an initiative to legalize the medical use of marijuana on the November ballot, said Prosser's is just the kind of situation the initiative is meant to address."It seems counterproductive and cruel to do this to people who are suffering," he said.Prosser said she considers Missoula home. Her daughter attends the University of Montana. But she may have to move somewhere where the laws are different. Without marijuana, she said, she ends up in the hospital with untreatable pain."Quality of life is nonexistent," she said.Editor's Note: This is the full text of Ginny's story; the Missoulian did not run the complete story in the paper today.Newshawk: Ethan Russo MDSource: Missoulian (MT) Author: Ginny Merriam of the MissoulianPublished: Friday, May 28, 2004Copyright: 2004 Missoulian Contact: newsdesk missoulian.com Website http://www.missoulian.com/ Related Articles & Web Sites:Montana Careshttp://montanacares.org/Medical Marijuana Information Linkshttp://freedomtoexhale.com/medical.htmMedical Marijuana Initiative Clears Early Hurdle http://cannabisnews.com/news/thread18706.shtmlMedical Marijuana Initiative Ready for Signatureshttp://cannabisnews.com/news/thread18702.shtml Growing Desperate - Missoulianhttp://cannabisnews.com/news/thread12681.shtml
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Comment #18 posted by gloovins on May 29, 2004 at 11:40:05 PT
Robin : Represent yourself
A word to Robin and all. You CAN still represent yourself in court today you know. I know, let me guess, The person who represents themself has a fool for a client, right? WRONG.That was made up by a lawyer I bet.Study up on our jury system. Visit FIJA.ORG, tell the history of JURY NULLIFICATION (say it loud and clear in front of a demanded JURY trial) and like someone posted earlier, a group of informed, knowledgable jurors will find it's not only within their right to judge the fairness of THE LAW, but their civic duty to "nullify" the charge(s) if they find the law to be unfair/outdated/unapplicable.People need to start saying that word more & more : NULLIFYIts scares the $hit outta prosecutors and is our last resort as a nation to rebuke the insane war on plants and sick people.God bless Robin Prosser...justice will prevail for Nature is more powerful than any "peace" officer or "judge".Amen....
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Comment #17 posted by FoM on May 29, 2004 at 09:45:39 PT
Hope
I don't know if lawyers have right to practice in all states. You know how laws go. Robin really needs to move to California. The climate is warmer and the laws are much more tolerable. It's easy to say what she should do but hard to make it happen. It's hard for some people to leave their friends and family. I know when we moved to Ohio years ago leaving our friends and family was so hard. I'm glad we did even though I did a lot of crying in those days. 
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Comment #16 posted by Hope on May 29, 2004 at 09:37:06 PT
lawyers helping
I did see a young lawyer speak somewhere, probably in Austin, that will take marijuana cases free of charges except for expenses he would incur. He spoke here in Texas to people who participated in the Journey for Justice, four or five years ago, but I think he was from Oklahoma or some other state. I wish I could remember his name. Five years is a long time though. He may not even be doing it anymore.
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Comment #15 posted by FoM on May 29, 2004 at 08:45:21 PT
Hope
I also don't put my faith in organizations. I hope Robin can get a good lawyer and maybe because of the Initiative this year in Montana she will get help. I hope so. I really mind when people suffer. There is nothing that bothers me more then people suffering. Death doesn't even bother me as much as suffering. As the world gets more complicated the separation of what is important to people is becoming obvious. It seems black and white lose all their shades of gray. I hope everyone is having a nice holiday weekend. We have been painting and I must mow today. I am watching the DVD of Simon and Garfunkel's Concert in Central Park from 1982. They had a half a million people at that concert. I find it funny in an odd way they the mayor of New York doesn't want to give protesters a parade permit because a quarter of a million people might hurt the grass. Why would it hurt anymore then the half a million at this concert. Flimsy excuses!
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Comment #14 posted by Hope on May 29, 2004 at 08:23:28 PT
NORML lawyers
Sadly, from the experience of a friend of mine...the NORML lawyers don't volunteer help to anyone. A friend of mine turned to NORML, of which she had been a member for some time, when she got busted with plants she was growing for personal medical use. My friend said the lawyers NORML recommended to her in our area were the most expensive of all and they didn't offer even a discount, much less free advice to fellow NORML members. I was vaguely surprised at this. I had huge respect for what NORML is doing. Most lawyers are in law to make money. Even if you are a NORML member, you are not likely to get any free advice from NORML recommended lawyers, unless something there has changed recently. NORML is just a lobbying organization, and I thank God for it and the people there who do what they do. But, it’s not any sort of benevolent or helpful foundation. It’s not a union to protect those who believe it’s their fundamental right as humans to tap the benefits found in cannabis use. It would be wonderful if a lawyer somewhere would volunteer to help protect Ms. Prosser in this situation, but I doubt the actual help will come from NORML in any way at all. 
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Comment #13 posted by mayan on May 29, 2004 at 03:53:05 PT
Cage Her!!!
Robin Prosser is obviously a threat to society so the people should foot the bill to persecute her. Jail is the only solution. Yes, Robin Prosser belongs in a taxpayer funded cage with all the other druggies. NOT! Unfortunately, there are some folks ignorant enough to agree with the above remarks. This world has gone to hell. 
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Comment #12 posted by FoM on May 28, 2004 at 18:53:00 PT
SoberStoner
I checked before I posted the article to see if her link still work but it doesn't unfortunately.Cannabis Now:
http://www.cannabisnow.org/
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Comment #11 posted by SoberStoner on May 28, 2004 at 18:13:29 PT
Can anyone help Robin?
I'd love to be able to support Robin's fight, if by doing nothing else that telling her take the case to trial and demand a jury trial. NORML has a large listing of lawyers that specialize in cannabis cases, and I would hope at least one of them would volunteer to help this woman live her life as comfortably as she can.Also, the whole testosterone/estrogen thing sounds like an old scare theory, smoke and you'll grow boobs if you're a guy or a hairy chest if you're a girl!!!!!!I wonder if the old website still has up to date contact info or if it even exists anymore.SS
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Comment #10 posted by Cannabis Enthusiast on May 28, 2004 at 15:27:49 PT
Cannabis converts testosterone to estrogen?
I have been reading lately that cannabis can convert male hormones to female hormones, and vice versa.
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Comment #9 posted by global_warming on May 28, 2004 at 14:16:25 PT
False Christians
The back of Jesus, scarred with our justice, truly marks the place and time that we saw "witnessed" the world, has been shaken, and this "act" has been martyre and testament to our acts, if this world can change, it will be with blood and courage, and faith, that God, has a special place for us.
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Comment #8 posted by BGreen on May 28, 2004 at 13:59:29 PT
False Christians vs. The REAL Christian
Jesus takes the blame for the so-called Christians who misrepresent the true compassion that The GCW and I (among many others)see in the TRUE followers of the teachings of Jesus.Please remember the following words from Jesus when you're considering the bad things people do as representing Christians. Jesus would have nothing to do with the attack on Robin Prosser or any other cannabis user.The Reverend Bud Green***********************************************************The Beatitudes from The Sermon On The Mount by Jesus1And seeing the multitudes, He went up on a mountain, and when He was seated His disciples came to Him. 2Then He opened His mouth and taught them, saying:3"Blessed are the poor in spirit,
  For theirs is the kingdom of heaven.4Blessed are those who mourn,
  For they shall be comforted.5Blessed are the meek,
  For they shall inherit the earth.6Blessed are those who hunger and thirst for righteousness, 
  For they shall be filled.7Blessed are the merciful,
  For they shall obtain mercy.8Blessed are the pure in heart,
  For they shall see God.9Blessed are the peacemakers,
  For they shall be called sons of God.10Blessed are those who are persecuted for righteousness' sake,
  For theirs is the kingdom of heaven. 11"Blessed are you when they revile and persecute you, and say all kinds of evil against you falsely for My sake. 12Rejoice and be exceedingly glad, for great is your reward in heaven, for so they persecuted the prophets who were before you.
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Comment #7 posted by global_warming on May 28, 2004 at 13:57:15 PT
Our Backs
The backs of the people, have been historically, the carrieirs of our burdens,the scapegots, the jews, the gypsies, the blacks, the red indians, the druggies, the scarlet women, the animals, take your pick, there are so many villains, so many victims,..
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Comment #6 posted by E_Johnson on May 28, 2004 at 13:49:05 PT
The suffering of the martyrs
This is why Ashcroft and his ilk deliver their blows to our backs -- because the Romans did this to the Christians. They worship the suffering of the martyrs and expect everyone to do their share.
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Comment #5 posted by global_warming on May 28, 2004 at 13:31:15 PT
Where Is Compassion?
It is such a pity that the Police have such a problem with their addiction to power, the judges and lawyers all sing along, they chant the mantra of peace and safety, yet they jump on this poor women, this poor women who could be you or me.I can say, that the "South" is alive and waiting to move, inspite of its terrible heritage, there are people that to this day await for emancipation, from the culture and from the burden of the oppressed, the wood pile is getting larger, and this spark from Missoula may be the heat for the kindeling, that will ignite this revolution.The natives are restless, and yet the "hot weather" has yet to come, when the the pot boils, the cover will topple, boiling over, with little time to change.All these experts in law and science, testify, yes that is some kind of "testament", and through their "Acts", they continue to shape our world. This article could easily be re-written to express some other contoversial subject or object in this world. When I read this article I sometimes change marijuana to oregano or sweet basil, even how to "crack an egg", it matters not what the object is, it is the practice of self deciet that promotes and and is so easily swallowed by so many brothers and sisters, the same brothers and sisters that will shepard our paths, towards further enlightenment and understandings.When the dust finally settles, we, yes we..Americans, will come out from our shelters, to bear wtness to the "New Day", if this "world" can sustain our continued attacks, and, if the "tides" do not drown us, we will awaken to a new world, a world that will be wiser, a world with compassion, a world that can better deliver, the "Son of Man", for it is the "Son of Man", that will carry us closer to ...God, yes I know, you hate that word..God,..but for now, please use the word "Nature".
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Comment #4 posted by Dr Ganj on May 28, 2004 at 13:08:35 PT
When will the madness stop?
It's stories like this that show how cruel this world is.
Every day I wonder if suicide is a viable option to this living hell we have here. How could death be worse than this?
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Comment #3 posted by Sam Adams on May 28, 2004 at 12:51:20 PT
not good news
I"m sorry to hear what they're doing to the poor woman.If you want to kill youself, you have to put the herb away and order drugs off the internet. What a crazy world we've created.
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Comment #2 posted by dididadadidit on May 28, 2004 at 12:44:40 PT
A Year in Jail and a Rehab Course: For What?
When will the insanity end? What possible benefit can the city of Missoula, the state of Montana, or the USSA derive from putting this woman through all this? Will a drug rehabilitation course really change her mind about using the only med that does her any good?  Will she buy the govt lie against her own experience?Insist on a jury trial. Surely 12 randomly selected Montanans can't (well, unfortunately, maybe they can) be as stupid as their laws, opening the way for jury nullification. Site Rosenthal. Scream "MEDICAL" in the face of any attempt to stifle introduction of that mitigating circumstance.All else fails, get the hell out of Montana.Question!
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Comment #1 posted by JR Bob Dobbs on May 28, 2004 at 12:35:01 PT
Huh??
So she tries to kill herself and the police are upset about the ONE NON-LETHAL DRUG they find???!?More evidence that cigarettes can kill you in a variety of interesting ways: http://apnews.myway.com/article/20040528/D82RA6GG0.html
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