Daniel Asbury, a quadriplegic who grew his own marijuana to alleviate reoccurring pain and muscle spasms, was found guilty of trafficking in marijuana over three times the bulk amount and could face a sentence of up to five years in prison. Asbury’s sentencing will occur on April 18.
The guilty verdict was a setback for marijuana reform advocates who had hoped to set a legal precedent in Ohio for the medical use of marijuana. John Hartman, President of Northcoast NORML, notes that the organization flew in NORML Board member and CUNY Medical School Professor Dr. John Morgan to testify as an expert witness on the use of marijuana and pain management. “For whatever reason, the jury [who found Asbury innocent on charges of cultivation] didn’t find Daniel’s medical necessity case strong enough to nullify [the trafficking charge,]” Hartman notes.
Hartman adds that Asbury’s defense was made more difficult because Ohio currently provides no medical marijuana defense in its body of established state law. Therefore, Asbury’s defense was basically asking the jury to “find the compassion to rule over the law,” Hartman said.
Asbury suffered a broken neck 15 years ago and began to use marijuana as a therapeutic after prescription drugs proved ineffective at controlling his pain. Marijuana made me “fe[el] like a human being again,” he said.
For more information on the case of Daniel Asbury, please contact John Hartman of Northcoast NORML at (216) 521-9333.