Breaking: John Ray Wilson taken into custody over Medical Marijuana

New Jersey MS Patient Sent to Prison over Medical Marijuana

John Ray Wilson was taken into custody today at the Somerset County Courthouse. He will begin serving a 5-year prison sentence. The 38-year-old MS patient was found with seventeen cannabis plants in 2008. After serving five weeks in prison in 2010, Wilson was allowed to remain with his family pending an appeal. The NJ Appellate Division upheld his conviction and sentence in late July. Wilson appeared before Superior Court Judge Angela Borkowski in a hearing today to consider a continuation of his bail.

Judge Borkowski ruled that her court was not an appropriate jurisdiction to deviate from the trial decision and appellate court affirmation. Any bail appeal should be made to the Appellate Division.

Ken Wolski, executive director of the Coalition for Medical Marijuana New Jersey (CMMNJ) was in the courtroom today.

“CMMNJ is still hopeful there is a chance for justice in the state Supreme Court. But we are very disappointed that John is back in jail.”

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New Jersey MS Patient Takes Medical Marijuana Appeal to State Supreme Court

FOR IMMEDIATE RELEASE 8/16/2011

The Coalition for Medical Marijuana New Jersey (CMMNJ)

CONTACT: Ken Wolski 609 394 2137, Chris Goldstein 267 702 3731, William Buckman 856 608 9797

New Jersey MS Patient Takes Medical Marijuana Appeal to State Supreme Court

TRENTON - CMMNJ is pleased to learn that multiple sclerosis patient John Ray Wilson is appealing his marijuana conviction to the New Jersey Supreme Court. He was sentenced to five years in prison for growing seventeen cannabis plants. During his trial, Wilson was not allowed to present his medical condition to the jury. An appellate court ruled in July that “manufacturing” marijuana, a second degree felony, could not be considered “personal” use.

Criminal defense attorney William Buckman of Moorestown, NJ is representing Wilson in the appeal. Buckman has a distinguished career challenging marijuana laws and racial disparities.

“New Jersey already has some of the most draconian laws in the nation with respect to marijuana, costing taxpayers outrageous sums to incarcerate nonviolent, otherwise responsible individuals-- as well as in this case -- the sick and infirm,” said Buckman. “As it stands, the case now allows a person who grows marijuana to be exposed to up to 20 years in jail, even if that marijuana is strictly for his or her own medical use. No fair reading of the law would ever sanction this result.”

Wilson’s conviction in January 2010 came just as New Jersey’s compassionate use law was passed. The state now recognizes MS as a qualifying condition for marijuana therapy.

Ken Wolski, a registered nurse and Executive Director of the Coalition for Medical Marijuana New Jersey (CMMNJ) said, “This case has shocked the conscience of the community. Wilson was unable to present his only defense to the jury--that he used cannabis to treat his multiple sclerosis (MS).”

“The state is allowing six Alternative Treatment Centers to grow thousands of plants and sell the cannabis to registered patients,” Wolski pointed out, “These ATCs were not available to John in 2008. Cultivation was the only way that he could afford to gain access. We hope that the Supreme Court will provide justice in this case.”

The concept that an individual would grow cannabis plants for “personal” use is an important point of law. The implication is that anyone caught with more than 10 plants is intending to distribute the marijuana.

During his trial, Wilson testified that he told the NJ State Police that he was going to keep all of the marijuana. Wilson also described his medical condition to officers as they searched his home.

Attorney William Buckman said, “The misguided appellate division opinion on Mr. Wilson's case exponentially worsens the harm of N.J.'s marijuana laws in ways that could not have been imagined in common sense and reason.”

CMMNJ - http://www.cmmnj.org

William Buckman - http://www.whbuckman.com/

Support John Ray Wilson on Facebook - https://www.facebook.com/pages/Support-John-Ray-Wilson-New-Jersey-MS-Patient/104540271138

NJ Senators renew call to pardon John Wilson!

Senator Scutari was a sponsor and fierce advocate for medical marijuana in New Jersey. Senator Lesniak began the call to pardon John Wilson when Jon Corzine was still in office. Their renewed call for John's pardon to Governor Chris Christie was released yesterday: READ

TRENTON – Calling a Franklin Township man’s five-year prison sentence for growing marijuana used to alleviate his suffering from multiple sclerosis “cruel, unusual and unnecessary,” Senators Raymond J. Lesniak and Nicholas P. Scutari (both D-Union) today called on Governor Chris Christie to issue a pardon in the case.

A state court last week sentenced John Ray Wilson to five years in prison for growing marijuana in his backyard. Wilson – who suffers from multiple sclerosis (MS) and used the drug only to alleviate his symptoms – was given the minimum term for second-degree drug manufacturing and a three-year sentence for possession.

“The state used poor judgment in charging Mr. Wilson with drug manufacturing,” the Senators wrote in their letter to Gov. Christie. “There was no evidence provided by the prosecution during his trial that anyone else used the marijuana he grew in his backyard in order to find a small measure of relief from his chronic illness. The decision to bring drug manufacturing charges against Mr. Wilson demonstrates a clear case of absence of prosecutorial discretion. That is cruel, unusual and unnecessary.”

The lawmakers urged the Governor to use his power of pardon to commute Wilson’s prison sentence to a period of supervised probation.

READ THEIR FULL RELEASE

John Wilson: Not guilty on most serious marijuana charge

Somerville- The jury returned a not guilty verdict to John Wilson on the first-degree felony charges against him. But the MS patient could still face time in prison after being found guilty of second-degree charges of ‘Manufacturing’ marijuana and third-degree possession of hallucinogenic mushrooms.

If he had been convicted of “operating and maintaining a marijuana production facility” John would have faced a minimum of 15 years in state prison. That could have amounted to a death sentence for the 37 year old because of the degenerative nature of the disease. He had grown seventeen cannabis plants after researching online how to cultivate medical marijuana.

Wilson was allowed to remain with his family on bail until his sentencing hearing on February 5, 2010. At such time, supporters hope, The New Jersey Compassionate Use Act could be a law.

READ MORE

Stay tuned to the CMMNJ blog for updates and further information

ALERT: Judge allows John Wilson to mention MS at trial

Somerville - It was honest and sincere; it was the truth. On the stand in his own defense, John Wilson was allowed to tell the jury that he has Multiple Sclerosis.

“I told them I was not a drug dealer and I was using the marijuana to treat my MS.” John had been asked what he said to the State Police officers who arrived to investigate the 17 cannabis plants spotted by helicopter.

It seems Wilson has been truthful with law enforcement authorities about his intentions regarding the medical use of his marijuana from their first contact with him.

NBC 4 in NY was in the courtroom and correctly called the single-sentence event a "Stunning Reversal at Medical Marijuana Trial."

Here’s how it happened. Because of the Judge’s earlier limitation rulings, Defense Attorney James Wronko and Deputy Attorney General Russ Curley took great care in their lines of questioning when the defendant took the stand. Wilson could not offer anything regarding medical marijuana; that he has Multiple Sclerosis or that cannabis can help treat MS. John's testimony today was grueling with numerous and lengthy sidebars.

Earlier in the day Detective Sergeant William Peacock, head of the NJ State Police Marijuana Eradication Unit, testified that during their search of John’s property he could not recall asking what John intended to do with the cannabis plants. Another State Trooper on the scene testified that he did not recall any conversations either.

Yet since John has been up-front with everyone about how marijuana helps with his Multiple Sclerosis, even the cops who showed up at his doorstep in 2008, he was allowed to say it to the jury as well.

READ MORE

THANK YOU ALL CMMNJ VOLUNTEERS WHO HAVE HELD SIGNS EVERY DAY!

Action Alert: Ask Gov. For A Medical Marijuana Pardon!

New Jersey Multiple Sclerosis patient John Wilson faces up to 20 years in prison for using medical marijuana. New Jersey lawmakers are demanding Democrat Gov. John Corzine to pardon Wilson, who faces trial next month. While pardons are typically requested after a conviction, it is within the governor's power act at any time.

Please contact Gov. Corzine and the state Attorney General's office and demand justice for John Wilson. For your convenience, a pre-written letter will be e-mailed to Gov. Corzine and the AG's office when you enter your contact information.

CLICK HERE TO SEND A LETTER NOW!

For more information about this campaign, please contact NORML New Jersey or the Coalition for Medical Marijuana - New Jersey.

Wilson Trial Support Rallys Planned

Wilson Trial Support Rallys

Despite a public call from two state Senators for a pardon, the criminal trial against John Ray Wilson is moving ahead.

John lives with MS and used cannabis therapy for treatment. He now faces 15 years in state prison for growing 17 marijuana plants.
Read more about John's case here

In August CMNNJ rallied at the Somerset County Courthouse.

Volunteers plan on having a supporting presence at the courthouse through all phases of John's trial.

The next date is December 14, 2009. Read More

John's case has garnered national attention for the aggressiveness of the prosecution. New Jersey's Office of the Attorney General is pursuing the case.

Senators push for pardon of Franklin man with MS charged with growing marijuana

A state appeals court rejected the attempt by his attorney, James Wronko of Somerville, to challenge that ruling while the case is ongoing. It could be the subject of a future appeal, he said.The two legislators are not only seeking the pardon but also pushing a bill titled "New Jersey Compassionate Use Medical Marijuana Act." The bill would decriminalize possession and use of marijuana by state registered patients with debilitating illnesses. It would also establish treatment centers where patients can purchase the drug.

It passed the Senate in a 22-16 vote in February and awaits a vote in the Assembly.

Members of the Coalition for Medical Marijuana New Jersey stood outside the Somerset County Courthouse Friday morning as Wilson was appearing before Reed in a pre-trial conference. The members held signs advocating that marijuana for medicinal purposes be legalized.

Toms River resident Jim Miller, who co-founded the organization, became involved when his late wife Cheryl faced arrest for using marijuana to relieve her pain, said the organization will be stationed outside the courthouse when Wilson goes on trial in December.

Next to Miller on the sidewalk was an empty wheelchair that held his wife's picture.

"This entire block is going to be lined" with demonstrators during the trial, he said. "It would be nice if the governor steps in," he said. READ IN FULL

More about medical marijuana in New Jersey at www.cmmnj.org

Jim Miller supporting John Ray Wilson - mycentraljersey.com