By SAMANTHA HENRY - Associated Press Writer - Associated Press
Friday, March 19, 2010
A New Jersey man with multiple sclerosis was sentenced Friday to five years in prison for growing marijuana plants he said he needed to treat his condition.
John Ray Wilson, 37, was convicted in December of second-degree manufacturing of marijuana and third-degree possession of psychedelic mushrooms.
State Superior Court Judge Robert Reed had barred references to Wilson's medical condition during the trial, ruling that personal use was not a defense, and that New Jersey had no law sanctioning the use of marijuana for medical purposes.
The state has since passed such a law, with former Gov. Jon Corzine signing a bill in January that made New Jersey the 14th state in the country to legalize marijuana for medical use. The law does not permit people to grow marijuana privately, but allows certain patients to buy up to 2 ounces per month at state-monitored dispensaries.
Wilson ultimately was allowed to make brief mention of his medical condition while on the witness stand, testifying that he grew marijuana plants behind his Franklin Township rental property and took the drug for personal use.
His attorney, James Wronko, argued the outcome may have been different if the jury had been allowed to hear more details about Wilson's illness.
"We're disappointed that he's in state prison for smoking marijuana to treat his multiple sclerosis," Wronko said Friday. "I think anytime someone using marijuana for their own medical use goes to state prison, it's clearly a harsh sentence."
Wronko said they planned to appeal the sentence next week.
Prosecutors with the attorney general's office had pushed for a seven-year sentence, asking the judge to consider Wilson's entire criminal record, which included seven arrests before his 2008 arrest in the marijuana case.
A spokeswoman for the attorney general's office declined to comment on Friday's sentencing.
Wilson was arrested in August 2008 after a National Guard pilot flying over his residence spotted marijuana plants growing in the yard and notified state police. Police found 17 marijuana plants, some as tall as six feet, growing behind Wilson's home.
The case drew support from proponents of legalizing marijuana for medical use and from two state senators who asked former Gov. Corzine to issue Wilson a pardon.
