Pubdate: Thu, 23 Jul 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

ARREST AFFIDAVIT OFFERS LOOK AT CASE AGAINST GARDEN CITY MOTHER

Marijuana advocates say the state unfairly targeted one Garden City 
mom for using weed to treat her medical condition.

Her arrest affidavit paints a slightly different picture.

Shona Banda, 38, faces five charges related to marijuana use and 
child endangerment after her 11-year-old son talked about her drug 
use during an anti-drug program at school.

The boy said "my mom smokes ... a lot!" during the drug program and 
"appeared to have too much information related to the drug," even 
citing various strains of marijuana, according to Banda's arrest affidavit.

The comments made four months ago sparked an investigation, house 
raid and an ongoing criminal case and child-in-need-of-care case.

Banda's arrest affidavit provides some insight into the state's case 
against her. The Finney County District Attorney's Office has, for 
the most part, kept quiet about the case.

Sarah Swain, Banda's attorney, would not comment about the case Wednesday.

But in a June interview with The Eagle, Swain said she thought the 
state illegally interviewed Banda's son without the mother's 
permission. Swain also said Banda shouldn't be sanctioned for using 
weed, given its medicinal value to treat her Crohn's disease, an 
inflammatory bowel condition. Swain said Banda makes cannabis oil, 
which she ingests for her condition.

The 11-year-old boy told detectives about the cannabis oil.

But he also said that his mom smoked weed every day with her 
18-year-old son, Joshua Banda, and his live-in girlfriend, Tequila Mader, 18.

They smoked in the basement using a tie-dye colored glass pipe, 
according to the affidavit, and would leave the pipe on a basement 
table next to a clear Ziploc bag of pot.

Drawing a picture

Much of the affidavit's information comes from interviews of Banda's 
son with Garden City police officers and social workers from the 
Kansas Department of Children and Families on March 24.

In an interview with Clint Brock, a detective for Finney County Law 
Enforcement, the 11-year-old said he had last seen the marijuana the 
previous evening. The week before, he said, his mom had gone to 
Colorado for a few days and returned with a bag of marijuana that was 
four inches in diameter.

According to the affidavit, the boy had "unusual and specific 
knowledge regarding marijuana and its use."

The boy even knew in great detail how to turn marijuana into cannabis 
oil. He drew for Brock a picture of the vaporizer his mom used to 
extract cannabis oil. The picture was kept as evidence. In the 
affidavit, Brock said the picture included a base with an electrical 
cord and a dome on top with a device in the center.

The 11-year-old said Banda kept three vaporizers in their kitchen and 
described how she would use a spatula to remove residue from inside 
the dome. She would then place the residue in a syringe to inject the 
residue into gelatin caplets.

The boy said Banda kept weed extract in the kitchen freezer in a 
container for Ovaltine, a chocolate powder drink mix, or in a hidden 
closet behind their washing machine in the basement.

Banda and the search

Banda arrived at the Finney County Law Enforcement Center while 
officers interviewed her son, and she was escorted to an interview 
room where Brock, the detective, interviewed her.

During the interview, Banda denied officers permission to go in her house.

According to the affidavit, Banda showed Brock a YouTube video of 
herself with a vaporizer.

The video showed Banda placing what looks like marijuana into the 
vaporizer. The dome then filled with smoke and after a while she used 
a spatula to scrape the cannabis oil out of the dome.

According to the affidavit, the vaporizer in the video closely 
matched the boy's drawing.

Banda said she ingests cannabis to help her cope with Crohn's disease 
and without it would be unable to function and would be bed-ridden, 
according to the affidavit.

A judge granted a search warrant for Banda's home in Garden City, the 
same day of the interviews. During the search, according to the 
affidavit, officers collected 500.9 grams of marijuana, multiple 
smoking pipes, three vaporizers that were actively manufacturing 
cannabis oil and multiple other items related to weed packaging and use.

The items were within easy reach of the boy and most were on the 
kitchen counter, kitchen table and basement common area, according to 
the arrest affidavit. Those items tested positive for THC and were 
sent to the Kansas Bureau of Investigation for further testing, 
according to the document.

The Eagle obtained the affidavit through an open records request. 
About one page of the application for the search warrant was redacted.

After the search, Banda's son was taken into protective custody and 
released to his father, Manuel Banda, who also lives in Garden City. 
At some point, Manuel Banda returned the 11-year-old boy to his 
mother. It's unclear who currently has custody of him.

'Flawed policy'

Banda turned herself in to Finney County Jail on June 15, bailed 
herself out that same day, and first appeared in court June 16. She's 
set for a second appearance Aug. 24, when a preliminary hearing date 
would likely be set.

Marijuana advocacy groups have called her case an example of "the 
nation's flawed policy on medical marijuana."

The Finney County District Attorney's office has not discussed the case.

"The affidavit speaks to the underlying basis for the charges filed," 
said William Votypka, assistant Finney County attorney. "At this 
point, I don't think we have anything else we want to talk about publicly."

A campaign for Banda's case on GoFundMe, a crowdfunding site, showed 
donations for her case had risen to nearly $49,000 as of Wednesday 
evening. A Care2 petition against the Finney County District Attorney 
and Department of Children and Families boasted 153,102 signatures 
toward its 160,000 goal urging the state to reinstate Banda's custody 
over her son.

"This isn't justice," the site reads. "It's a cruel relic of the 
nation's failed drug war."

[sidebar]

Banda's charges

Three felonies:

Possession with the intent to distribute a controlled substance 
within 1,000 feet of school property

Unlawful manufacture of a controlled substance

Possession of drug paraphernalia to cultivate less than five plants

Two misdemeanors:

Endangering a child

Possession of drug paraphernalia

Source: Finney County Jail inmate booking and release report
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MAP posted-by: Jay Bergstrom