Please let me know what you think:
On June 1, 2008, the trial court convicted Jill Sanchez for the minor misdeamor of possession of marijuana. R.C. § 2925.11(C)(3)(a).
Defendant Jill Sanchez did not intentionally commit a crime. Her doctor, Melvin Prior, M.D., gave her a prescription and testified at trial that he believed that marijuana would be the best drug to use to minimize the nausea from Sanchez' cancer treatments. He further testified that in his opinion, the evil sought to be avoided (breaking the law) was more heinous than the unlawful act perpetrated to avoid it. See, e.g., Jenks v. State, 582 So. 2d 676 (Fla. Dist. Ct. App. 1st Dist. 1991). Dr. Prior and Ms. Sanchez both testified regarding the beneficial effects of the marijuana on Sanchez' nausea.
More than 30 states now have medical marijuana laws. http://www.ohiopatient.net/v2/content/view/975/2/, and have been proposed in prior Ohio legislative sessions. Most recently, in May, 2008, state Sen. XXXXX XXXXX (D-Dayton) introduced a bill that would "allow patients to use medicinal cannabis through a regulated system of quality health care," he said. Medical-marijuana patients would be allowed to possess up to 200 grams of marijuana and 12 mature plants for personal use."It's time that Ohio just look at the science and with it being well regulated, hopefully ... we'll be able to protect the patients more," said Tonya Davis, a medical-marijuana user who helped draft the bill. http://www.jointogether.org/news/headlines/inthenews/2008/ohio-lawmakers-introduces.html
"The debate in the United States over the medicinal value of marijuana dates back to the middle of the 1800s. [FN38] Although there was never a consensus on the extent of its efficacy, marijuana was generally thought to have some therapeutic value and was included in the United States Pharmacopeia until 1941." Kreit, A. Comment: The Future of Medical Marijuana: Should the States Grown Their Own?; 151 U. Pa. L. Rev. 1787, 1793 (2003).
Medical marijuana has been shown to be effective in treating, chemotherapy-induced nausea, such as that suffered by Sanchez. Tiersky, M., Medical Marijuana: Putting the Power Where it Belongs; 93 Nw. U. L. Rev. 547, 552, 554-57 (1999).
Ohio has demonstrated that it doesn't consider marijuana possession to be a serious offense. RC 2925.11, under which the court convicted Sanchez, exempts persons convicted of marijuana possession in an amount less than 100 grams from reporting such conviction to employers or others as a "criminal record," the record of the conviction remains and can be expunged or can constitute a prior offense which will prevent expungement of any other criminal record. State v. Weber (Hamilton 1984) 19 Ohio App.3d 214, 484 N.E.2d 207, 19 O.B.R. 359.
Sanchez is not asking this court to "legislate from the bench" and make medical marijuana legal. She is asking this court to recognize her doctor's opinion and prescription and offer her the defense of medical necessity.