Pubdate: Sat, 13 Jun 2015
Source: Garden City Telegram (KS)
Copyright: 2015 The Garden City Telegram
Contact:  http://www.gctelegram.com/
Details: http://www.mapinc.org/media/1476
Author: Angie Haflich
Page: A1

BANDA TO TURN HERSELF IN

The attorney for Shona Banda, the local medicinal marijuana advocate 
who made national news earlier this year after her son was taken into 
protective custody, said Banda plans to surrender herself for arrest 
Monday afternoon.

Banda, 37, Garden City, was charged on June 5 with endangering a 
child, distribution or possession with intent to distribute a 
controlled substance within 1,000 feet of school property, unlawful 
manufacture of a controlled substance, possession of drug 
paraphernalia, and possession of drug paraphernalia.

According to a press release issued Thursday by Banda's attorney, 
Sarah Swain, Banda will surrender for arrest at 2 p.m. Monday at the 
Finney County Jail, 304 N. Ninth St. Swain plans to be on hand to 
answer questions.

"She will turn herself in Monday. We will be there with a bondsman to 
set bond and we're anticipating that the first appearance will be 
scheduled the next day," Swain said. "We also anticipate scheduling a 
preliminary at that time and that's when we will have our first 
opportunity to view the reports and the discovery."

Banda could not be reached for comment.

Finney County Attorney Susan Richmeier said Thursday that bond has 
been set at $50,000. Once bond is set, Banda can turn herself in at any time.

Swain said they plan to pay the bond Monday.

According to Richmeier, if convicted, Banda could face anywhere from 
11 to 17 years in prison. But Kisty Watson, Swain's assistant, said 
Banda could potentially face up to 30 years in prison based on 
sentencing guidelines.

"The judge has the ability to sentence her up to double. So the 11 to 
17 years, because of the five separate charges, the judge could 
double that sentence," Watson said.

Richmeier said that kind of sentence is possible when someone has an 
extensive criminal history, but is doubtful in Banda's case because 
she doesn't have that kind of history.

The drug investigation involving Banda and child-in-need-of-care case 
involving her son resulted from comments Banda 's son made during a 
drug education program held March 24 at his school, Bernadine Sitts 
Intermediate Center, that resulted in the Department of Children and 
Families and Garden City Police Department being contacted.

According to police, the boy said his mother and other adults were 
avid drug users and that there was a lot of drug use occurring in his 
residence, which led police to suspect drugs were present in the home.

Officers and DCF officials went to Banda's home that same day, where 
Banda initially denied them consent to search the residence.

After getting a search warrant, police found 1.25 pounds of marijuana 
in plant, oil, joint, gel and capsule form and drug paraphernalia in 
the home. Officers also found a lab used for manufacturing cannabis 
oil. All of the items were within reach of the child, police said, 
prompting law enforcement and DCF officials to decide the boy should 
be removed from the home.

Banda's son initially was placed in the custody of his father, who is 
separated from Banda, and then put into protective custody on April 
16. It is unknown whether he remains in protective custody, due to 
District Magistrate Judge Richard Hodson placing a gag order on any 
and all proceedings in the child-in-need-of-care case.

Banda became an advocate of cannabis and its medicinal properties 
after treating her own Crohn's disease with cannabis oil. She also 
authored a book titled, "Live Free or Die," and has appeared in 
YouTube videos and in online articles on www.naturalnews.com , 
sharing her knowledge of and belief in the medicinal benefits of cannabis oil.
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