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N.J. lawmakers ask Gov. Corzine to pardon ill Franklin man facing marijuana charges
10/27/09 | NJ.com | Jennifer Golson

FRANKLIN TOWNSHIP (Somerset County) -- A pair of New Jersey lawmakers are asking Gov. Jon Corzine to pardon a Somerset County man who is facing trial for growing marijuana to alleviate the symptoms of multiple sclerosis.

Sens. Nicholas Scutari and Raymond Lesniak (both D-Union) are urging Corzine to drop the most serious charge pending against Franklin Township resident John Ray Wilson, who is accused of first-degree maintaining or operating a drug-production facility and other offenses. If convicted, the 37-year-old faces up to 20 years in prison.

The case, being prosecuted by the state Attorney General’s Office, is an “inappropriate” and “inhumane application of the letter of the law,” the senators said in a release today.

“It seems cruel and unusual to treat New Jersey’s sick and dying as if they were drug cartel kingpins,” said Scutari (D-Union), who is the prime sponsor of the New Jersey Compassionate Use Medical Marijuana Act, which is pending before the state Assembly.

Wilson was arrested in August 2008 after a helicopter pilot spotted marijuana plants growing behind his home. Detectives then found well-worn trails leading to 17 plants, some up to 6-feet tall. His case has drawn widespread attention as lawmakers ponder whether New Jersey will become the 14th state to give patients with debilitating illnesses structured access to the drug.

“New Jersey’s tough criminal drug laws were never intended to be used against patients suffering from chronic and terminal medical conditions,” said Lesniak (D-Union), who is the bill’s co-sponsor.

Wilson’s lawyer James Wronko said his client is grateful that the senators are attempting to secure a pardon and are pushing the legislation.

In July, Superior Court Judge Robert Reed said Wilson could not reference his condition at trial or assert personal use as a defense, as such claims do not apply to the charges. The establishment of medical marijuana for personal use as a state policy or as a defense is for the Legislature to decide, and not for a court to create, he said. He is expected to set a trial date Friday.

“You know what makes this a special case? Charging this guy with a first-degree offense for maintaining a drug production facility,” Lesniak said by phone.

“We’re only asking for him to be pardoned from that charge, which would allow him to enter the pretrial intervention program,” Lesniak said, referencing the probationary program for first-time, nonviolent offenders. Upon successful completion, the charge would be dismissed.

While pardons are typically requested after a conviction, it is within the governor’s power act at any time, Scutari said by phone. Wilson’s case is “a good example of why we need to move this legislation forward,” he said.

Corzine spokesman Robert Corrales said: “It’s just inappropriate right now to comment on an ongoing investigation.”

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