Daniel Asbury, a quadriplegic who grew marijuana to alleviate reoccurring pain and muscle spasms, has been given a two-year suspended sentence by Lucas County Court Judge Ruth Ann Franks. Asbury, who was found guilty of trafficking in marijuana despite expert testimony by NORML Board member Dr. John Morgan on the use of marijuana and pain management, must now refrain from using cannabis if he wants to stay out of jail.
“This court does not condone the use of marijuana,” Franks said. “This court has sent people to the penitentiary for using marijuana. … But I believe this is a unique case.”
“The evidence is clear that you were using this drug for medicinal purposes.”
However, any further use may land Asbury in jail. “Essentially, David Asbury’s future — like the futures of the tens of thousands of patients who use marijuana as a medicine — is limited to two options: suffer in pain or risk arrest and jail,” said NORML Deputy Director Allen St. Pierre.
Asbury suffered a broken neck 15 years ago and began to use marijuana as a therapeutic agent after prescription drugs proved ineffective at controlling his pain. “I need it,” Asbury told the court. “It’s the only thing that makes me feel better.”
For more information on the case of Daniel Asbury, please contact John Hartman of Northcoast NORML at (216) 521-9333.