Fairfield, CA: The California Court of Appeals recently ruled that a convicted felon on probation may use medical marijuana, overturning an earlier decision by the trial judge.
Jeffrey Gorden of Vacaville suffers from fibromyalgia, a painful nerve disease. Gorden alleged that traditional painkillers made it next to impossible for him to function, and that marijuana was far more effective. Gorden was arrested and convicted for cultivating seven marijuana plants when he appeared before Judge Luis Villarreal for sentencing. While he did not have a physician’s recommendation at the time of the arrest, Gorden did obtain a recommendation two weeks later.
At sentencing, Gorden’s attorney, Leslie Prince, asked the judge for permission for her client to use medical marijuana to treat his fibromyalgia, but the judge refused. “He’s got a disease readily treatable by conventional means … He’ll have to choose some other option … because he can’t use illegal drugs.” said Judge Villarreal.
The Court of Appeals declared Villarreals’ prohibition on medical marijuana to be “arbitrary and capricious,” adding, “(Villarreal’s) medical opinions … are not supported by anything … and are uniformly contradicted by respected medical institutions.”
“Gordon was an ideal candidate for medical marijuana,” said his attorney. “He had no criminal record and he never used illegal drugs of any kind before he learned that marijuana could help him.”
For more information, contact California NORML Director Dale Gieringer at 415-563-5858 or Keith Stroup of NORML at 202-483-5500.