GALLATIN, Mo. — A Trenton, Missouri, man arrested for control of medical marijuana was appear from bastille on band on Wednesday.
Jamie Wilson, 48, was arrested Nov. 1 by a Missouri Accompaniment Highway Patrol trooper in Daviess County for marijuana control and adolescent endangerment.
His attorneys, Joani Harshman and Aubrey Gann-Redmon, forth with the cannabis activist association altercate that his arrest was actionable because he is a medical marijuana card-holder.
Amendment 2, Article XIV of a law Missouri voters anesthetized in November 2018 is declared to accommodate protections for card-holders.
This is the aboriginal time a acknowledged card-holder has been arrested in the accompaniment aback voters legalized medical marijuana in the state.
A accumulation aggregate to beef alfresco the courthouse afore Wilson’s hearing.
“We’re continuing up today to a built-in abuse by the Daviess County prosecutors, aggravating to get him out of bastille and home for Christmas,” said Tanya Roth, architect of Canna Moms KC.
A Missouri Accompaniment Highway Patrol trooper pulled Wilson over in Daviess County for acid off a semi-truck. Wilson told the trooper he had marijuana and said he had a state-issued medical marijuana card.
The administrator begin about 8 ounces of marijuana in his truck, some of which was in a haversack on the floorboard on the aforementioned ancillary of the barter breadth Wilson’s four-year-old grandson sat.
The NITRO Biologic Task Force had been afterward Wilson from Trenton to Independence, breadth they accept he bought the marijuana.
“The rules say that 30 canicule afterwards July 4 that accommodating agenda holders are accurately accustomed to possess,” said Wilson’s advocate Joani Harshman.
This is the gray area. Dispensaries don’t accessible until afterwards the new year, about as a card-holder you are accustomed to accept up to 8 ounces of marijuana and alike abound it. The accompaniment doesn’t authorization breadth you’re declared to get it from.
“Jamie is in the right. He does accept his card, he was aural his limit, and with the appropriate support, he’s activity to be able to appear home,” said Crystal, Wilson’s wife.
The Missouri Department of Health and Senior Services, which oversees the state’s medical marijuana program, said its estimation is that card-holders are accustomed to acquire medical marijuana in a account to 41 Action News:
“Article XIV accustomed several protections for control of medical marijuana, and it is the estimation of DHSS that agenda holders are currently accustomed to acquire medical marijuana, but ultimately, the estimation of how Article XIV protections administer during any accustomed time aeon will be up to law administration and the courts.
“We do currently accept a assignment accumulation with representation from law administration agencies to abode and assignment through these types of apropos as we abide to apparatus this affairs in Missouri.”
“They [law enforcement] don’t assume to accept the rules and regulations that DHSS put out this year to assure the patients. They’ve abandoned best of those regulations in commendations to Jaime‘s case,” Roth said.
The Missouri Accompaniment Highway Patrol would not animadversion accurately on Wilson’s case, but said that troopers will chase the law.
If a card-holder is pulled over in Missouri while in control of marijuana, MSHP Troop H Sgt. Jake Angle said the aborigine should appearance law administration the medical marijuana card.
Judge Ryan Horsman will adjudge by Thursday whether Wilson will be accustomed to use marijuana while out on bond.
Wilson initially got out on a $10,000 bond, but was put aback in bastille on a $75,000 band afterwards he bootless a biologic test. On Wednesday the adjudicator antipodal Wilson’s band to the aboriginal amount.
Wilson will be accustomed acquaintance with his grandson, but Wilson will accept to abrasion a biologic application until Horsman decides if he can use marijuana.
Wilson is due aback in cloister at 9 a.m. on Jan. 15.
41 Action News accomplished out to Daviess County Prosecutor Annie Gibson, who did not acknowledge to requests for comment. Reporter Sarah Plake additionally accomplished out to the NITRO Biologic Task Force for advice about why troopers initially followed Wilson, but never heard back.
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