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LOCAL MEDICINAL MARIJUANA GROWER TO PLEAD NOT GUILTY

HALIFAX - A Roanoke Rapids man arrested after dialing 911 to report someone stealing the marijuana plants growing in his backyard appeared in court for the first time Wednesday morning in Halifax.

Emmit Scott, 61, was arrested July 27 and charged with one count of manufacturing a controlled substance and one count of maintaining a place to keep a controlled substance, both felonies, after authorities discovered 27 marijuana plants growing in a garden behind his home.

Scott, at the time of his arrest, said he had grown the marijuana since 1991 for medicinal purposes and did not know it was illegal to cultivate for personal use.

Lt.  E.M.  Buffaloe of the Halifax County Sheriff's Office estimated the street value of the marijuana grown by Scott during the 10-year period at $1 million.  The value of the 27 plants discovered last month was between $100,000 and $110,000, he said.

During the hearing, Chief District Court Judge H.  Paul McCoy Jr.  informed Scott if he is convicted, the maximum punishment for each of the charges he faces is 15 months in prison.  Before releasing Scott, McCoy assigned him a court-appointed attorney, James Walker, of Roanoke Rapids.  Scott's next scheduled court appearance, a probable cause hearing, is set for Sept.  19.  The hearing could determine whether the case is heard in district or superior court.

Scott, in an interview after leaving the courtroom, said he was pleased with the outcome of his court appearance Wednesday, which also coincided with his 61st birthday.  "I think it was pretty good," he said.  "It was a pretty good slice of cake to go free."

Although he had not yet spoken with an attorney, Scott said he plans to plead not guilty to both charges because, he said, "I wasn't manufacturing or processing, it was strictly a matter of growing a few herbs in my garden."

Additionally, Scott said he did not feel he should receive any punishment for growing the marijuana.

"Honestly, I don't think I should because it's an act of God, you know.  God grows it and I use, just like any other health product," he said.  "If I was using it to pass along to minors or something like that or an unjust cause, you know, I could understand it.  Since it's just for my personal medical use only, I don't see where there's any harm in it whatsoever."

Scott said he has not taken out a warrant on the man whom he believes was stealing the marijuana plants from his garden.  "I told them ( the sheriff's officers ) I wasn't interested in trying to arrest him ( the man stealing the marijuana )," he said.  " I was interested in them trying to tell me what to do to stop him from stealing the stuff because he was stealing it daily, piece-by-piece and plant-by-plant, and I got mad.  I was trying to do anything to stop it."

In the two weeks since his arrest, Scott has become something of a celebrity in his own right.  His story has appeared in numerous publications and on several news programs throughout the nation, including CNN's "Greenfield at Large" and Paul Harvey's "News and Commentary."

The case has also received the attention of several special interest groups around the country lobbying for the legalization of marijuana, including the National Organization for the Reform of Marijuana Laws ( NORML ).

Keith Stroup, NORML's executive director, said he remembered reading about Scott's situation.  "This ( case ) is an illustration of the reasons why we need to legalize marijuana," he said, adding, "but I have never heard of a case quite like this one.

"I sort of admire his honesty and his belief in the system," Stroup said of Scott.  "We've always had to confront this dilemma in a black market.  Right now, there's no alternative or course of action available to you if you get ripped off like he did."

Donna Shea, NORML's legal director, said her organization provides legal aid in the form money, expert witnesses and advice to marijuana defendants like Scott.  But, she said, the organization does not provide help unless they are asked and, so far, "he hasn't asked us for any."

She said the verdict in Scott's case, especially if his lawyer argues that the marijuana he grew was a medical necessity, could set an important precedent in the state.  "The medical necessity defense, to my knowledge, has not been taken very far in North Carolina," she said.

But Stroup said the best outcome for Scott would have occurred if he had simply not called law enforcement officials in the first place.  "Realistically," he said, "if anyone had counted to 10 and walked around the block, I think they would have decided this was one to take on the chin and move on."