Haddock

Man with MS again charged with growing marijuana in Cheney
10-26-06 l THE ASSOCIATED PRESS

Man with MS again charged with growing marijuana in Cheney

THE ASSOCIATED PRESS

CHENEY, Wash. -- A man who uses marijuana to relieve symptoms of multiple sclerosis has been charged a second time with illegal pot production.

According to documents filed in Spokane County Superior Court, sheriff's deputies went to the home of Samuel Dean Diana, 57, in search of a fugitive in July. They didn't find the fugitive but did discover 79 marijuana plants outside Diana's home and in his garage, prosecutors wrote.

Diana, who relies on a wheelchair, showed the deputies a note from Dr. Walter W. Balek of Spokane Valley that said he has MS and that he had discussed therapeutic use of marijuana with the doctor.

Also charged was Gene Arthur Midkiff Jr., 43, who helps Diana and lives in a trailer next to the house. Both made preliminary court appearances last week.

According to court filings, Midkiff told investigators he helped Diana grow the pot in exchange for a share of the harvest.

Under an initiative approved by Washington state voters in 1998, people with MS and other specified medical conditions may possess as much as a 60-day supply of marijuana if a doctor says it might help, and a caregiver may help grow the marijuana is still barred from using any of the drug.

The law doesn't specify what constitutes a 60-day supply, nor is there any protection from federal statutes that outlaw marijuana use, possession, manufacture or trafficking.

In December 1997 U.S. Drug Enforcement Administration agents reported finding 175 pot plants, 15 pounds of processed pot , scales, packaging material and $50,000 in cash at Diana's home.

Two years later, after Diana pleaded guilty to maintaining a home for drug manufacturing, use and storage, he was sentenced to six months under house arrest. Three co-defendants also accepted plea agreements and were given similar sentences.

[News note - This kind of thing makes me sick. MS sufferers have been saying for decades that it's helpful in relieving their pain. Are they allowed to use it? No. They stay in agony while the government stalls. I suggest anyone who doubts the medicinal benefits of marijuana look up the story of the dubious death of Peter McWilliams.]