Pubdate: Tue, 24 Jun 2008
Source: Courier, The (LA)
Copyright: 2008 Houma Today
Contact:  http://www.houmatoday.com/
Details: http://www.mapinc.org/media/1477
Author: Colin Campo
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)
Bookmark: http://www.mapinc.org/find?232 (Chronic Pain)

MARIJUANA DEFENDANT VOWS TO FIGHT DRUG CHARGES

THIBODAUX -- There was never any intent to break the law, Matthew
Zugsberger says.

Louisiana does not make the same allowances for medical marijuana use
as his home state of California. But the former oilfield diver was
certain his privilege of possession would be honored here.

That was until Friday, when a team of state troopers, aided by
Thibodaux police, raided his St. Bernard Road apartment, allegedly
seizing a little over two pounds of marijuana, some hashish oil and
$4,640 in cash.

Now the 32-year-old faces multiple drug charges.

He expresses no hard feelings toward law enforcement and harbors hopes
that his case will, in the long run, make life easier for people like
himself.

"They didn't mistreat me at all. In fact they were very nice," he said
of the officers. "I don't want to fight the system. I want to help
refine it."

It all began Wednesday when Troop C officers were contacted by
authorities in Mendocino, Calif., who said a "large amount of
marijuana" was en route to the bayou state via a private delivery
service to 2316 St. Bernard Road, Apt. E.

The package, said Troop C spokesman Gilbert Dardar, was addressed to
Zugsberger and "contained three large bags of marijuana."

Troopers agreed to take delivery of the marijuana in an attempt to
further the investigation, Dardar said. The shipment was intercepted
and a search of Zugsberger's apartment commenced Friday.

Zugsberger, Dardar said, admitted to officers that he paid $6,000 per
pound for the marijuana, which "appeared to be very high quality with
a much higher THC content."

THC is the active ingredient in marijuana that causes
intoxication.

According to Zugsberger, the high price is one indication of his
argument that he is not involved in distribution.

There would be no way, he said, to make a profit selling marijuana
after paying that much for it.

The need for the drug, Zugsberger said, arose after a 2005 work
mishap. Debris fell on him during a dive, he said, collapsing his spine.

Prescriptions for traditional painkillers didn't do the trick, he
said, because of medical complications with his stomach.

Zugsberger has a California license allowing him to posses up to 8
ounces of medicinal cannabis at any time.

The apartment where police made the seizure is leased to his wife,
Teryn Richardson, an educator taking part in a New York internship.
The plan was for Zugsberger to live in the Thibodaux apartment as a
housesitter.

Richardson, who flew home from New York after learning of Zugsberger's
arrest, has a less charitable view of the police action.

She complains of damaged paintings, clothes strewn on the floor and
money seized in the raid that belongs to her and has nothing to do
with the case.

"They made it look criminal," Richardson said.

Zugsberger said he and Richardson are suffering dire consequences. He
points to a near-empty refrigerator, explaining that they cannot buy
food without money.

Normally, in his work as a freelance rock hound and gold-panner in
California, he is able to afford whatever he wants, including the
marijuana that eases his pain enough to allow the work.

The biggest consequence of the seizure, Zugsberger said, is the pain
that continues unabated.

And he cannot leave Louisiana before his July 18 court
date.

"I just have to suffer because I can't go home for treatment," he
said.

Louisiana law permits some limited use of marijuana if prescribed by a
doctor in the state, including treatments for glaucoma and side
effects of cancer therapy.

Zugsberger glibly spouts section numbers of various laws here and in
California, certain that his situation falls into a loophole somewhere.

He hopes -- whether through a trial or pre-trial discussions -- to
convince a judge to change Louisiana's stance on medical marijuana.

Asked if he sees himself as a crusader, Zugsberger said
no.

"But given the circumstances laid at my feet with this, I will not
back down," Zugsberger said. "I'll take this to the Supreme Court."
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MAP posted-by: Steve Heath