Pubdate: Mon, 15 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

BANDA TURNS HERSELF IN AS ATTORNEY AND SUPPORTERS SPEAK OUT

As she approached the Finney County Sheriff's Office Monday, Shona 
Banda, the local medicinal marijuana advocate who gained national 
attention after the state took custody of her son, was surrounded by 
supporters, including Jennifer Winn, the Republican candidate who 
challenged Gov. Sam Brownback in last August's primary.

Banda, accompanied by her attorney Sarah Swain and several others, 
turned herself in at the Law Enforcement Center at 2 p.m. Monday. 
Several local media outlets gathered outside along with other supporters.

Banda was charged 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 and possession of drug paraphernalia.

Three of the charges are felonies and Banda faces a potential 
sentence of 11 to 17 years.

Following her client's surrender, Swain held a press conference where 
she fielded questions about the case, Banda's health, and the status 
of the child-in-need-of-care custody case involving her 11-year-old son.

Swain believes the combination of charges, because of their 
respective severity levels, could land Banda in jail for more than 30 
years if she is convicted and sentenced.

"If she is sent to prison and does not have access to the treatment 
that she was using that cured her of her Crohn's disease and allowed 
her to live a somewhat normal life, it's absolutely the equivalent of 
her being sentenced to death," Swain said.

Banda became a well-known local figure for her use of cannabis oil in 
treating Crohn's disease and authored a book on the subject titled, 
'Live Free or Die.' She has also 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.

Swain said Banda's health has been deteriorating without cannabis 
oil, citing a dramatic weight loss and a need for oral surgery to 
address mouth infections that were held at bay when she used cannabis oil.

"So her health is not good. And I think it will only continue to 
deteriorate as this case drags on and as we take the time necessary 
to really fight it and fully litigate all of these issues," Swain said.

Swain had no information about the status of Banda's son's case 
because Banda is being represented by a different attorney on that 
matter. She said Banda's son is still in state custody.

Swain also said Kansas should stop classifying marijuana as a 
Schedule 1 drug like cocaine and methamphetamines.

Schedule 1 drugs are drugs classified as having no medicinal 
benefits, Swain said, adding that it is been well-established that 
marijuana has been found to be effective in treating cancer, Crohn's 
disease and seizures.

"The fact that this country continues the war on drugs, which is 
really just a war on families and a war on the poor, is absolutely 
ridiculous," Swain said.

Swain said her goal is to not just change the way Banda is treated in 
Garden City, but to take the case all the way to the United States 
Supreme Court if necessary to change the way marijuana is categorized.

Jennifer Winn, the Republican candidate who lost the Republican 
primary to Gov. Sam Brownback last August, traveled from Wichita to 
show her support for Banda.

"I'm hoping that Sarah, alongside Shona - and once the facts are 
truly all presented - that we can actually challenge the 
constitutionality of this prohibition in its entirety," Winn said.

Christopher Burley, Care2 Senior Campaigns Manager, traveled from 
Colorado to support Banda.

Care2 is an online petition set up by friends of Banda's, Jessica and 
Terri Boone, urging local law enforcement and DCF officials to waive 
charges against Banda and return her son.

"These messages have been been sent electronically already to no 
response from the Finney County prosecutor. The Department of 
Children and Families have not responded to these public comments," 
Burley said, adding that it had also been forwarded to Gov. 
Brownback's office, but that there had been no response.

Banda posted $50,000 bond on Monday. Swain credited a gofundme 
account, a fundraising website established on behalf of Banda, for 
helping to raise money for the bond.

"And I would encourage people to continue to show their support of 
her by continuing to donate to the gofundme," Swain said.

According to Swain, Banda's first appearance is scheduled at 8:30 
a.m. this morning at the Law Enforcement Center.

Swain expects to have access to all police reports and discovery 
materials after Banda's first appearance.

"I will be able to start reviewing all of that and formulating my 
strategy for defending her in court," Swain said.

The drug investigation involving Banda and 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 led to 
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. That led police to suspect drugs were present in the home.

Officers and DCF officials went to Banda's home the same day and 
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 remove the boy from the home.

Banda's son initially was placed in the custody of his father, who is 
separated from Banda. He was later put into protective custody on 
April 16. District Magistrate Judge Richard Hodson put a gag order on 
any and all proceedings in the child-in-need-of-care case.
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MAP posted-by: Jay Bergstrom