Community | September 22, 2010 | 5 comments

Alabama Patient Facing 10 Years for a Gram of Medical Marijuana

source: http://stopthedrugwar.org/files/michael-lapihuska.jpg

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JackHerer
Activists in Alabama have been trying for years to get a medical marijuana bill passed there. Last year, for the first time, a bill made it out of committee. Next year, they will try again, but even if they succeed, it will be too late for Michael Lapihuska.

http://stopthedrugwar.org/files/michael-lapihuska.jpg
Michael Lapihuska, facing camera, wearing Alabamans for Compassionate Care t-shirt
Lapihuska, cursed with depression and Post-Traumatic Stress Disorder (PTSD), grew up in Alabama, but left the state after serving 13 months for possessing five grams of marijuana in 2003. The now card-carrying medical marijuana patient from California was arrested on marijuana possession charges again on December 15 in Anniston, Alabama, as he visited his family for the holidays.

Lapihuska was stopped by a police officer and accused of hitch hiking as he walked down a road. The officer demanded he be allowed to search Lapihuska, and he complied. The search came up with a prescription bottle containing one gram of marijuana. Lapihuska explained that he was a registered California medical marijuana patient and produced a patient ID card.

But Alabama justice doesn't recognize medical marijuana, and Lapihuska was charged with his third marijuana possession offense, this one worth between two and 10 years in state prison. Under Alabama law, a first marijuana offense is a misdemeanor, but a second possession offense is a felony punishable by a year in prison. A third possession offense is a felony punishable by two to 10 years in prison.

http://stopthedrugwar.org/chronicle/2010/sep/22/alabama_patient_facing_10_years
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5 comments // Alabama Patient Facing 10 Years for a Gram of Medical Marijuana

  • existentialist
    • 0
      existentialist  

    • I hate how these marijuana arrest stories put the worst possible sentence in the title, like ten years is actually the prison sentence he will get. Of course, we won't hear what actually happens, you know, when he gets the 2 year sentence diverted to 90 days of jail time and a year probation.

      Also, its his third time getting caught. That tells me he is doing something wrong. I know lots of people who have smoked weed for over 15 years and even a handful that have smoke for 30 or more years and have never been caught. You have to be smart about it. Second, it was just a gram. EAT THAT SHIT!

    • 1 year ago
  • sayyywhat
    • +1
      sayyywhat  
    • existentialist:

      Key word in the title, "Facing" 10 years.
      Also, how many of your friends are medical marijuana patients, or are dealing with PTSD?
      How can a someone with medical needs be a criminal? Personal use, shouldn't even be in the same category as Medical marijuana. I understand some people abuse the system, but it also helps a lot of people. This guy should not be "Facing" jail time.

    • 1 year ago
  • existentialist
    • 0
      existentialist  
    • sayyywhat:

      It would be just as accurate to saying facing 2 years or facing no sentence. The purpose of the title was to mislead people into thinking that 10 years was a real possibility. Studying drug law and prosecution myself, I know that there is no way he will get the full ten years. A lot of crimes have absurd maximum sentences reserved for unforeseen circumstances.

      While his "Medical Needs" are questionable, I am not attacking them. I am attacking his intelligence. No matter what his reason for breaking the law was, he wasn't very bright for allowing himself to get caught 3 times. If I had gotten caught twice with weed and I seen a cop approaching I would eat whatever i had on me. The fact that he apparently needs weed for his medical condition is all the more reason to be extra cautious.

      While, it is beside my point, some of my friends claim to smoke for medical reasons, i do question their motives though.

      Just some advice for pot smokers so you don't end up like this guy. Never leave your house with more than you are gonna smoke. If you are gonna smoke in public or in your car smoke joints, so that your only evidence is an easily disposable roach. Next, it is better to be safe then sorry if you get pulled over or approached by a cop. Wasting $10 or $20 (or more) worth of weed by eating it, is better than taking the risk that the cop won't search you. Lastly, study up on the laws of the state you live in and the police's legal rights as well as your own legal rights.

    • 1 year ago
  • treewolf39
  • CalgarC
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