Pubdate: Mon, 15 Jun 2015
Source: Wichita Eagle (KS)
Copyright: 2015 The Wichita Eagle
Contact: http://www.kansas.com/604
Website: http://www.kansas.com/
Details: http://www.mapinc.org/media/680
Author: Gabriella Dunn

GARDEN CITY MOM TURNS HERSELF IN, FACES CHARGES IN MARIJUANA-USE CASE

Shona Banda, a Kansas marijuana advocate, turned herself in to
authorities Monday on an arrest warrant with five charges relating to
marijuana use.

Banda, 37, drew national attention when she lost custody of her son
and was accused of three felony and two misdemeanor charges of using
marijuana to treat her Crohn's disease. Her son made comments about
his mother's marijuana use during an anti-drug program at his school
in Garden City.

A GoFundMe campaign for Banda's legal fees had collected more than
$44,000 in donations as of Monday evening. Care2, an activist website,
also created an online petition for her case, which boasted 140,782
signatures as of Monday.

"We decided it was a very important moment to rally folks around the
cruel and unusual thinking around medical marijuana," said Christopher
Burley, senior campaigns manager for Care2.

The petition states: "Don't let Shona and her son become yet two more
victims of the nation's flawed policy on medical marijuana."

Burley said Care2 has sent the petition to the Finney County District
Attorney's Office and to the Kansas Department for Children and Families

"This is a case where literally a family is being destroyed," Burley
said.

Banda's son is currently living with his father, according to Banda's
attorney.

Susan Richmeier, the Finney County attorney, was out of town Monday
and could not be reached for comment.

How it started

Banda's 11-year-old son made comments about his mom being an avid
marijuana user during a drug education program in March in his
fifth-grade class at Bernadine Sitts School.

Banda authored a book titled "Live Free or Die: Reclaim Your Life =C2=85 

Reclaim Your Country!" The book details her experience with Crohn's
disease and using cannabis oil to treat it.

Her son's comments prompted investigations by the Department for
Children and Families and the Garden City Police Department. On March
24, DCF officials interviewed Banda's son at school and police raided
Banda's home in Garden City, according to an April news release from
Garden City police.

Finney County Sheriff Kevin Bascue said the warrant for Banda's arrest
was issued June 5.

Banda faces a maximum of 30 years in prison if convicted of the
charges. Her attorney, Sarah Swain, said she has yet to receive police
reports from the March 24 raid but said she expects to receive them
during Banda's first appearance in court Tuesday at 8:30 a.m.

Garden City police did not respond to requests for police reports
regarding her case.

Finney County Jail records show Banda was booked into jail at 2:30
p.m. Monday and released at 4:03 p.m. the same day after posting a
$50,000 bond.

Banda faces five charges, according to her booking report. Three are
felonies: possession with the intent to distribute a controlled
substance within 1,000 feet of school property, unlawful manufacture
of a controlled substance and possession of drug paraphernalia to
cultivate less than five plants. The other two charges are
misdemeanors: endangering a child and possession of drug
paraphernalia.

The school

Roy Cessna, spokesman for Garden City Public Schools, said the program
was presented to the fifth-grade class on March 13, which is when
Banda's son made remarks about his mother's cannabis use. Cessna said
it was a counseling program against drug use that all classes in the
school received.

Cessna said the district followed mandatory reporting laws when the
incident occurred and said the school district worked with police
during their investigation. He said he couldn't give further
information about the district's involvement in the case.

When police searched Banda's home on March 24, officers found
approximately 1.25 pounds of marijuana along with paraphernalia and a
lab to make cannabis oil, according to the release from the police
department.

"The items taken from the residence were within easy reach of the
child," the release stated.

The marijuana and other items found tested positive for THC and were
sent to the Kansas Bureau of Investigation for more testing, the
release said

The defense

Swain, Banda's lawyer, said she plans to defend Banda's case with two
strategies: attack the constitutionality of how officials obtained
evidence in Banda's case, and attack the classification of marijuana
as a Schedule I drug.

A Garden City police news release said that when officers went to
Banda's house, she denied them access. The officers then secured the
residence and stayed on the property until the search warrant was
granted, to prevent destruction of evidence.

Swain said she thinks authorities violated Banda's constitutional
rights during the raid and during their interview with her son. She
said authorities needed Banda's permission before speaking with her
son and that officers should have had a search warrant before they
came to Banda's home.

"If the search warrant and questioning are ruled constitutionally
valid, that's when we would get to the Schedule I argument," Swain
said.

Marijuana is listed as a Schedule I drug, alongside ecstasy, heroin
and LSD.

"In order for something to be a Schedule I drug, there has to be no
medicinal benefits," Swain said. "We not only know it has medicinal
benefits, but it actually can cure diseases, including Crohn's disease."

She said Crohn's disease "was totally debilitating" for Banda and that
marijuana gave her relief from its side effects. Crohn's disease is an
inflammatory bowel disease that causes abdominal pain, diarrhea, fever
and weight loss.

"They seem determined to shatter Shona's family and sacrifice her
health to enforce these insane drug laws," Burley, from Care2, said in
a statement.
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