outcome of Jean Marlowe's trial

[Guest guest]

November 24, 1998, Asheville, NC: Federal District Court Judge

Lacey Thornburg today released medical marijuana patient Jean

Marlowe from jail and sentenced her to six months of home confinement.

Reformers applauded the decision, which marked a strong departure from

the potential 14-month prison term provided under federal sentencing

guidelines.

NORML Legal Committee (NLC) member Joe Bondy, who assisted with

Marlowe's defense, called the outcome a " compassionate one. " NORML

Executive Director R. Stroup, Esq. agreed. " The judge in this

case realized that America's 'war on drugs' must not include imprisoning

the sick and dying who benefit from the medical use of marijuana, " he

said.

Federal law enforcement officials arrested and charged Marlowe, 45,

with six federal felonies based on her receipt of a package of marijuana

from Switzerland. Marlowe suffers from several rare and debilitating

diseases including porphyria (a congenital liver abnormality),

degenerative disk disease, rheumatoid arthritis, and fibromyalgia. She

had obtained the marijuana for her personal medical use to alleviate

chronic pain and nausea.

Marlowe's liver condition prevents her from ingesting

conventional pain medications. Dr. Frederick Bissel, Marlowe's treating

physician, explained at a recent hearing that conventional medications

can harm her

diseased liver. He further testified that marijuana is a highly

effective analgesic that does not damage the liver.

Marlowe's attorneys asked the Court permission to present evidence at

trial of her medical need for marijuana, but the Court refused. She

was eventually found guilty by a jury on June 8, 1998. She retained her

right to appeal the court's refusal to permit her to raise a medical

necessity defense.

While out on supervised release awaiting sentencing, Marlowe

continued to smoke marijuana to alleviate her pain. Her prolonged use

caused her to fail several court ordered drug tests, and resulted in her

bond being revoked and eventual incarceration.

At today's sentencing hearing, Bissel testified to Marlowe's

serious medical condition. In addition, Joe Bondy, a federal sentencing

expert from New York, offered an affidavit from Dr. P. ,

professor of

pharmacology at CUNY Medical School and an expert on the medical use of

marijuana. Bondy urged the judge to depart from the sentencing

guidelines on the basis of Marlowe's medical use. Although the judge

refused, he did grant a downward departure based on her severe medical

condition. The NLC will also be helping with the appeal of Marlowe's

conviction, arguing that she should have been allowed to argue a medical

necessity defense at trial.

Friends and supporters of Marlowe have established a

defense fund to help defray the legal costs of her defense and appeal.

Those who wish to contribute should send a contribution to the NORML

Foundation/Marlowe Defense Fund, 1001 Connecticut Avenue, NW, Suite

710, Washington, DC

20036.