Trial by jury limits the power of the government to enforce laws in ways that violate the conscience of the community. Yet when a chronic pain patient using marijuana as medicine is charged with a marijuana crime, but is not permitted to have their physician testify, or to testify about it themselves; there is no meaningful jury trial. When the court prevents the jury from hearing defense evidence, excluding the defense, her right to present a defense is violated.
According to a recent Associated Press article No quick decision on medical marijuana for pain Minnesota Governor Mark Dayton’s Commissioner of Health has decided to postpone adding Intractable Pain to Minnesota’s new, legal medical marijuana program. Apparently, Dayton administration officials are setting expectations at the delay being potentially for years. The reason they cite is their fear that …
Minnesota should restore the rights of the individual and of the jury, by passing a law guaranteeing the right to a medical necessity defense for medical marijuana patients charged with marijuana crimes in Minnesota. This history and background shows why the Bill currently in the Minnesota legislature should be adopted into law.