Pubdate: Sat, 18 Sep 1999
Source: Wisconsin State Journal (WI)
Author: Richard W. Jaeger 


Ailing Hazel Green Woman Says She Received Marijuana Through The Mail
And Used It For Medicinal Purposes

HAZEL GREEN - A 63 year old Hazel Green great-grandmother is scheduled
to appear in court Monday on charges she possessed marijuana that she
claims was used for medicinal purposes.

Based on an anonymous tip, police arrested Delphia Toney minutes after
postal officials delivered an overnight package to her containing 4
ounces of marijuana.

Toney said she had made three pot purchases through the mail from
California since November when she went into University Hospital in
Madison for the first of three surgeries on her stomach and bowels.

Toney was discharged from the hospital Saturday, about one month after
her arrest.

"The doctors wouldn't give me any pain pills because of my stomach and
I just couldn't stand the pain any longer Toney said Thursday in a
telephone interview

"I didn't buy it to sell it I just wanted it to help my pain" Toney

She has admitted giving some of the marijuana to adult friends, but
would not name them.

Grant County District Attorney Emil Everix said he filed the
misdemeanor charges against Toney after receiving several citizen
corn-plaints about her alleged use of the illegal drug.

"I am obligated to enforce the law against everyone -- the 63-year-old
as well as the 18-year-old," Everix said, noting he could have pursued
federal charges be-cause of the use of the mail or more serious state
charges of possession with intent to deliver

Toney faces up to seven months in jail and $1,500 in fines on the two
counts that include possession of a controlled substance and
possession of drug paraphernalia.

According to Everix, local authorities received an anonymous tip that
Toney was receiving marijuana in the mail from California. Postal
authorities were notified to be on the watch for any packages sent to
Toney' s address.

"(Postal authorities) got a pack-age and brought in their
drug-sniffing dog that reacted to the package, and it was delivered
and we were ready with a warrant," Everix said.

The district attorney said the warrant wasn't needed when Toney
produced the marijuana and a pot pipe for investigators.

According to the complaint, Toney retrieved the marijuana from bags
that were hidden under her sink. She said she purchased a two-month
supply for $280.

Although marijuana is legal in California for medicinal purposes,
Toney said she did not buy it through any doctor or outlet there.

Toney said she feels the whole incident snowballed into some-thing
more than what it is.

"I know I did wrong but I didn't intend to hurt anyone," said Toney,
who is bedridden in her mother's home. 
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