Pubdate: Tue, 09 Jan 2001
Source: Argus Leader (SD)
Copyright: 2001 Argus Leader
Contact:  P.O. Box 5034, Sioux Falls, SD  57117-5034
Fax: (605) 331-2294
Website: http://www.argusleader.com/
Forum: http://www.argusleader.com/info/forum.html
Author: Bob Newland
Note: Bob Newland, 52, is a publisher. He lives near Hermosa, in the Black 
Hills. Newland is the president of SoDakNORML, an affiliate of the National 
Organization for the Reform of Marijuana Laws. http://www.sodaknorml.org/

NECESSITY IS VALID DEFENSE FOR USING MARIJUANA AS MEDICINE

When "spastic paralysis" spasms attack quadriplegic Matthew Duchenaux,
his legs jerk so violently it makes the utensils dance across his
kitchen table. Smoking marijuana makes the spasms stop. In a sane
world, nothing more would need be said.

Ducheneaux tried prescription remedies. Valium made him groggy, made
his hair fall out, his blood pressure rise, and would have destroyed
his liver and kidneys. Other legal drugs are similarly toxic.
Marijuana has no known toxic side-effects. In a sane world . . . .

Ducheneaux was approved by the federal government as a "compassionate
use" recipient (eight people are currently supplied marijuana by the
federal government). The government then required Matt to find a local
pharmacy to dispense the herb, which had to provide a 24-hour armed
guard for its inventory. No drugstore would accept those conditions.
(No armed guard is required for the toxic mind-altering drugs
pharmacies already store.) In a sane . . . .

Ducheneaux had exhausted his legal remedies. He then went to the
drugstore outside the drugstore, the one which requires no
prescription, no ID, no trained pharmacist, and is open 24/7. For more
than ten years he used marijuana to stop the life-threatening spasms.
He was arrested last summer at an outdoor concert, when he had to
medicate himself in public.

The Minnehaha County prosecutor asked the judge to prevent Matthew
from having a medical expert testify that other quadriplegics get
similar relief by using marijuana. He also asked that a "medical
necessity" or "prevention of greater harm" defense not be allowed.

If the judge grants those motions on Jan. 11, then the trial will go
like this:

Matthew: "The muscle spasms, unchecked, will kill me. Prescription drugs
will kill me. I use marijuana because it stops the spasms. I am alive
because I use marijuana."

Prosecutor: "What if just anybody decides to break his neck so he can
smoke pot and not suffer consequences?"

Judge: "The jury will disregard the fact that marijuana saved
Ducheneaux's life and continues to do so. If he possessed marijuana
knowingly, you must find him guilty."

At least one juror will surely be sane enough to understand the
insanity of the proceedings to that point. Surely one juror will ask
himself or herself, "What would I do if I sat in Matthew's
wheelchair?", will answer honestly, and will not budge from "Not guilty."

Win or lose, Matthew Ducheneaux will certainly stand as an example for
anyone considering severing his spinal cord so he'll be able to get
high legally.

Who is truly drug-crazed here? Matt? Or the prosecutor? 
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MAP posted-by: Richard Lake