Charges dropped in precedent setting marijuana case
By Matt Hoffman • February 13, 2020 • NewsPressNow.com
Missouri prosecutor decided to drop charges against a man accused of illegally possessing marijuana, even though he had a medical card, according to one of his defense attorneys.
Joani Harshman told News-Press NOW on Thursday that the "felony possession" and "child endangerment" charges were being dropped against Jamie Wilson. Wilson's case is believed to be the first such case Missouri in which a person was arrested for having marijuana while also having a valid medical marijuana card.
The Missouri Department of Health and Senior Services, the agency which oversees medical marijuana in the state, recently issued an nonbinding legal opinion that said cannabis possession with a card is legal in the state even though no dispensaries are currently up and running.
Wilson still appears to face two traffic violations and an unlawful possession of drug paraphernalia charge in the case, according to court records.
After man's arrest, attorney Joani Harshman wants the state of Missouri to clarify medical marijuana law to police departments
KANSAS CITY, Mo. — Joani Harshman is one of the attorneys representing Jamie Wilson, a man from Trenton, Missouri, who was put in jail for having marijuana in his car although he’s a medical marijuana card holder.
Now she wants the state to openly clarify the law.
"[The law] creates immunity status for criminal prosecution," Harshman said. "If you pretty much ask anybody in the industry, attorney or not, that is very clear given the language in Article XIV and the rules."
She and attorney Aubrey Gann-Redmon are asking the Missouri Department of Health & Senior Services to reiterate to law enforcement that you can have medical marijuana even though dispensaries aren't open yet. The state does not mandate where card holders are supposed to get their marijuana from.
They are not asking the state to say whether their client is guilty or innocent; they say the state speaking up will prevent other people from landing in the same situation.
"I am aware of other scenarios situations where marijuana has been confiscated, where people are still being ticketed with the ten grams or less misdemeanor. Those are things that shouldn't happen," Harshman said.
Chris McHugh is an attorney specializing in marijuana possession laws. He's also a business owner who recently awarded three licenses to grow and sell medical marijuana with his company Vertical Enterprise LLC.
"I think police officers and some other authorities are legitimately confused just because this is a big change, but the law is very clear," McHugh said.
He says much of the confusion will go away once dispensaries open.
"There is a requirement that you keep the marijuana in its original packaging and the point of that is so officers can see that it came from a legitimate source," McHugh said. "Once dispensaries open up and that flow of medical marijuana starts coming through those dispensaries, I think that will help."
McHugh suggests card holders always keep their card on-hand. Although you can possess up to eight ounces of medical marijuana, he suggests not driving around with the maximum amount because that will always stand out to a police officer.
Harshman says they haven't gotten an official response from DHSS.
A DHSS spokesperson told 41 Action News they have worked with law enforcement groups addressing concerns around marijuana enforcement. The spokesperson said the issue Harshman is raising seems to be more suited for the prosecutor's office.
The Missouri State Highway Patrol says they will follow the statute.
#WeAre
JamieWilson
Update:
His Attorneys Request Legal Clarification
Spark Legal & Harshman Law January 22, 2020
Missouri Cannabis News Press Release
by Aubrey Gann Redmon & Joani Harshman
Joani Harshman of the #WeAreJamieWilson Defense team, along with Aubrey Gann Redmon, Jasmine Abou-Kassem & Antonette DuPree of Spark! Legal Solutions LLLP, addresses the NORMLKC meeting this past Saturday at Happy Rock Farms. Photo Courtesy of Matt Blake of MOCannaHub / Gaudete Development.
FOR IMMEDIATE RELEASE:
ATTORNEYS REQUEST CLARIFICATION REGARDING LEGAL POSSESSION OF MARIJUANA BY PATIENTS AND CAREGIVERS FROM ATTORNEY GENERAL ERIC SCHMITT; DIRECTOR LYNDALL FRAKER, MO DEPARTMENT OF HEALTH & SENIOR SERVICES – MEDICAL MARIJUANA REGULATION (DHSS); AND THE GENERAL COUNSEL FOR DHSS #WeAreJamieWilson
DEFENDANT’S MOTION TO DISMISS HEARING SCHEDULED FOR 02/21/2020 AT 2:30pm.
KANSAS CITY, MISSOURI – Defense Attorneys, Joani Harshman of The Harshman Law Firm, LLC and Aubrey Gann-Redmon of Spark Legal Solutions, LLLP, represent Jamie Wilson, a MO licensed medical marijuana patient, who is currently being wrongfully prosecuted in Daviess County Case No. 19DVCR00271? 01, with 5 Counts including: RSMo 579.015 Class D Felony ? Possession of a controlled substance ? more than 35 grams of marijuana; RSMo 568.045 Class D Felony ? Endangering the welfare of a child; RSMo 579.074 Class A Misdemeanor ? Unlawful possession of drug paraphernalia; and two Misdemeanor traffic violations.
Prior requests for input from the Attorney General Eric Schmitt, DHSS Director Lyndall Fraker, and the General Counsel’s office have been made on Mr. Wilson's behalf. Additionally, other licensed patients are being criminally charged with possession of marijuana in Missouri as well, which is in direct conflict with the protections from criminal prosecution Article XIV provides.
As advocates for medical marijuana patient rights, Mr. Wilson’s Attorneys request the Attorney General, DHSS, and the General Counsel for MMJ provide clarification to Missouri Law Enforcement and the Judicial
Don’t worry about sounding professional. Sound like you. There are over 1.5 billion websites out there, but your story is what’s going to separate this one from the rest. If you rSystem reiterating that Patients and Caregivers are legally allowed to possess marijuana within their limits as of the date such patient or caregiver license is approved, whether or not a Missouri licensed dispensary is open for operation pursuant to Article XIV of the MO Constitution and the applicable Emergency Rules contained in 19 CSR 30?95.010 Definitions, 19 CSR 30?95.025 Generally Applicable Provisions, and 19 CSR 30?95.030 Qualifying Patient/Primary Caregiver.
19 CSR 30?95.025 Emergency Statement p.1798 states “It is important to understand that per Article XIV, starting thirty days after July 4, patients and caregivers may possess and cultivate marijuana whether or not the department has issued regulations…The department and the state of Missouri have a compelling governmental interest in ensuring safe access to medical marijuana for patients…”ead the words back and don’t hear your own voice in your head, that’s a good sign
“The possession of marijuana in quantities less than the limits of this section…shall not subject the possessor to arrest, criminal or civil liability, or sanctions under Missouri law, provided that the possessor produces on demand to the appropriate authority a valid qualifying patient identification card; a valid qualifying patient cultivation identification card; a valid physician certification while making application for an identification card; or a valid primary caregiver identification card.” Mo. Const. art. XIV, § 1.5.(1).
Furthermore, RSMo 195.030 carves out an exception for those that may lawfully possess controlled substances pursuant to Chapters 195 and 579, which includes an “ultimate user” in possession of any controlled substance pursuant to lawful order of a practitioner. This provision seems to almost protect medical marijuana card holders except for the “Dispense” definition in RSMo 195.010 utilizing the term “prescribing,” perhaps the term “certifying” can be added? DHSS has a “duty…to enforce all provisions of this chapter and chapter 579…and to cooperate with all agencies charged with the enforcement of the laws…of this state…relating to narcotic and controlled substances.” RSMo 195.190. See also RSMo 195.195 vesting authority to promulgate regulations in the director of department of health and senior services. Finally DHSS “shall cooperate with…other state agencies…in discharging its responsibilities concerning traffic in controlled substances” and is specifically authorized to exchange information between governmental officials concerning the use of controlled substances. RSMo 195.197.
Legal Counsel assert that the MO Attorney General Eric Schmitt, DHSS Director Lyndall Fraker, and the General Counsel are required to immediately take action as follows:
1. Provide clarification to Missouri Law Enforcement and the Judicial System reiterating that Licensed Patients and Caregivers are legally allowed to possess marijuana within their limits as of the date such patient or caregiver license is approved, whether or not a Missouri licensed dispensary is open for operation.
2. Effectuate the State Legislature to amend the Comprehensive Drug Control Act Chapter 195 to create statutory immunity for lawful possession of marijuana/cannabis by: patients, caregivers, facility owners, employees, and contractors under chapter §195.030.4.
3. Effectuate the State Legislature to amend the Comprehensive Drug Control Act Chapter 195 removing marijuana/cannabis from Schedule I under §195.017.
The express purpose of the Constitutional Amendment is to make changes to the Missouri laws to protect patients, like Jamie Wilson, from criminal penalties associated with the medical use of marijuana.
Article XIV removed marijuana from schedule I classification both expressly in its stated purpose, but also by the very definition of “schedule I” in Chapter 195. To be a schedule I, the substance must lack “accepted safety for use in treatment under medical supervision.” Clearly, by constitutionally authorizing marijuana for medical use, cannabis now is deemed “accepted” for safe use in treatment under medical supervision in this State and it is no longer a schedule I controlled substance.
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Jamie Wilson's Defense Attorneys Interviewed by NewsPressNow.com Part 1 of 2
By: NewsPressNow.com December 18, 2019 Missouri Cannabis News
Aubrey Gunn-Redmon and Joani Harshman, who are the defense attorneys for Jamie Wilson, are interviewed by NewsPressNow.com out of St. Joseph Missouri's Morning Show on December 18th.
Jamie Wilson's Defense Attorneys Interviewed by NewsPressNow.com Part 2 of 2
Medical marijuana card-holder’s possession arrest sparks outrage
By Sarah Plake for KSHB 41 News | 2019.12.11
GALLATIN, Mo. — A Trenton, Missouri, man arrested for possession of medical marijuana was released from jail on bond on Wednesday.
Jamie Wilson, 48, was arrested Nov. 1 by a Missouri State Highway Patrol trooper in Daviess County for marijuana possession and child endangerment.
His attorneys, Joani Harshman and Aubrey Gann-Redmon, along with the cannabis activist community argue that his arrest was unlawful because he is a medical marijuana card-holder.
Amendment 2, Article XIV of a law Missouri voters passed in November 2018 is supposed to provide protections for card-holders.
This is the first time a legal card-holder has been arrested in the state since voters legalized medical marijuana in the state.
A group gathered to protest outside the courthouse before Wilson's hearing.
"We’re standing up today to a constitutional injustice by the Daviess County prosecutors, trying to get him out of jail and home for Christmas," said Tanya Roth, founder of Canna Moms KC.
A Missouri State Highway Patrol trooper pulled Wilson over in Daviess County for cutting off a semi-truck. Wilson told the trooper he had marijuana and said he had a state-issued medical marijuana card.
The officer found about 8 ounces of marijuana in his truck, some of which was in a backpack on the floorboard on the same side of the truck where Wilson's four-year-old grandson sat.
The NITRO Drug Task Force had been following Wilson from Trenton to Independence, where they believe he bought the marijuana.
"The rules say that 30 days after July 4 that patient card holders are legally allowed to possess," said Wilson's attorney Joani Harshman.
This is the gray area. Dispensaries don't open until after the new year, however as a card-holder you are allowed to have up to 8 ounces of marijuana and even grow it. The state doesn't mandate where you're supposed to get it from.
"Jamie is in the right. He does have his card, he was within his limit, and with the right support, he’s going to be able to come home," said Crystal, Wilson's wife.
The Missouri Department of Health and Senior Services, which oversees the state’s medical marijuana program, said its interpretation is that card-holders are authorized to possess medical marijuana in a statement to 41 Action News:
"Article XIV established several protections for possession of medical marijuana, and it is the interpretation of DHSS that card holders are currently authorized to possess medical marijuana, but ultimately, the interpretation of how Article XIV protections apply during any given time period will be up to law enforcement and the courts.
“We do currently have a work group with representation from law enforcement agencies to address and work through these types of concerns as we continue to implement this program in Missouri."
"They [law enforcement] don’t seem to understand the rules and regulations that DHSS put out this year to protect the patients. They’ve ignored most of those regulations in regards to Jaime‘s case," Roth said.
The Missouri State Highway Patrol would not comment specifically on Wilson’s case, but said that troopers will follow the law.