A U.S. District Court judge has barred the medical necessity defense, as well as any mention of California’s Proposition 215, in the trial of medical marijuana patients Todd McCormick and Peter McWilliams. McCormick and McWilliams will also not be permitted to testify on their medical conditions. Both are accused of illegally cultivating marijuana.
U.S. District Court Judge George King has countered a September ruling by the Ninth Circuit Court of Appeals which held that medical necessity can be a viable defense for people accused of breaking federal marijuana laws. Two weeks ago, the U.S. Justice Department asked the 9th Circuit to reconsider its decision.
“The government monopoly on justice has just handed me a ‘go to jail for life’ card,” said McWilliams. “I now face 10 mandatory years in federal prison. I will die there. My life is over because I tried to save my life doing something my doctor recommended in a state where it is legal.”
“The Constitution is under attack from many different fronts,” said David Michael, Esq., McCormick’s attorney. “The courts have followed precedent favorable to the government in their prosecution, but have found every way possible to avoid decisions from the same courts that recognize individuals’ rights.”
Both McWilliams and McCormick face a mandatory minimum of 10 years in prison for the cultivation of 6,000 marijuana plants. The trial is scheduled to begin on Nov. 30, 1999.
For more information, please contact Tom Ballanco, Esq., attorney for Peter McWilliams at (310) 291-3659; David Michael, Esq., attorney for Todd McCormick at (530) 304-7793, or visit Peter McWilliams’ web site at http://petertrial.com/.
