Pubdate: Tue, 03 Feb 2015
Source: Sun-Sentinel (Fort Lauderdale, FL)
Copyright: 2015 Sun-Sentinel Company
Contact: http://www.sun-sentinel.com/sfl-letters-to-the-editor-htmlstory.html
Website: http://www.sun-sentinel.com/
Details: http://www.mapinc.org/media/159
Author: Rafael Olmeda, Staff writer
Page: B3

JURY FINDS POT GROWER NOT GUILTY

It worked. For the first time in Florida history, a Broward jury 
acquitted a marijuana grower after finding he has a medical need for 
the illegal drug.

Jesse Teplicki hid nothing from the detectives who showed up at his 
Hollywood home two years ago acting on a tip that he was growing pot 
on the premises. And he hid nothing from the jury on Thursday when he 
took the stand at his criminal trial, even admitting that he smoked a 
marijuana cigarette earlier in the day to treat the nausea and 
suppressed appetite that had been plaguing him for decades. Teplicki 
is the first defendant in Florida to argue medical need in a 
marijuana case. The jury of four women and two men deliberated for 
less than an hour before returning its verdict.

"You saved my life," a tearful Teplicki told three jurors who stayed 
in the courtroom after they were discharged by Broward Circuit Judge 
Michael Ian Rothschild.

Manufacture of cannabis is a felony punishable by up to five years in 
prison. Teplicki, 50, had rejected several plea offers, admitting his 
actions but referring to the plant as "medicine" he needs to 
function. Teplicki has suffered from anorexia since age 9, according 
to trial testimony.

Medical need has worked as a defense before, but it's never been 
tried in front of a jury.

In two cases dating back more than 20 years, marijuana smokers have 
defended themselves at trial before a judge. In each case, the judge 
convicted the defendants only to see appeals courts overturn their 
decisions and order not-guilty verdicts.

Rothschild warned Teplicki that the verdict does not change Florida 
law. Marijuana remains illegal to grow, possess and sell. But 
Teplicki was never accused of selling pot. He did not say how he 
plans to secure marijuana in the future.

Prosecutor Kathleen O'Brien argued that Teplicki had failed to 
demonstrate the "medical need" central to his defense.

She faulted Teplicki for not only selfmedicating, but for also 
self-diagnosing, never seeking alternative treatments that do not 
involve breaking the law. "There was no follow-up by a treating 
physician," she said.

"This is an historic decision in the state of Florida," said defense 
lawyer Michael C. Minardi. "Hopefully prosecutors heed the decision 
and are less likely to prosecute this kind of case in the future."

The State Attorney's Office can decline to prosecute cases when it 
appears the defendant has an argument that is likely to prevail at trial.

Minardi said he is considering a civil action to prevent the state 
from prosecuting Teplicki if he starts growing marijuana again.

"We need to protect his right," he said. "The criminal issue was 
decided by a jury."

Florida voters narrowly rejected a constitutional amendment to 
legalize medical marijuana last year. Although a clear majority of 
voters, 58 percent, favored the measure, it required 60 percent 
approval to pass.

The Florida Legislature is considering other measures that would make 
some forms of marijuana legal, and activists are gathering signatures 
to put the proposed constitutional amendment back on the ballot. 
- ---
MAP posted-by: Jay Bergstrom