The following article appears in the San Diego Union-Tribune today:


Medicinal Marijuana Use Nets Prison Term

By Anne Krueger
Staff Writer

A La Mesa man who says he uses marijuana to relieve symptoms associated with
AIDS was sentenced reluctantly yesterday to 16 months in prison by a San
Diego judge who said he thinks laws against marijuana should be repealed.

"I don't like the laws against marijuana," Municipal Court Judge Charles
Rogers said from the bench. "I join that growing number of voices that says
those laws should be re-examined. I suggest they should be repealed against
marijuana."

Rogers expressed his opinion as he imposed the prison sentence on Samuel
Skipper, 39, who immediately was taken into custody by bailiffs. Skipper told
Rogers at a hearing last month that he could not remain on probation for an
earlier marijuana cultivation conviction if that meant authorities could
still search him to see if he is continuing to take marijuana.

Although Skipper changed his mind yesterday and told Rogers through his
lawyer that he would accept probation, Rogers said Skipper had already
indicated he could not abide by the law while on probation. That statement
left him no legal alternative, Rogers said, but to order Skipper to prison.

Rogers -- who has said he plans to leave the bench soon to move to Portland,
Ore. -- said that he had great sympathy with Skipper's claim that he must
ingest marijuana to prevent the nausea and weight loss that is often
associated with AIDS. Skipper is infected with the virus that causes AIDS,
although he does not yet have the disease.

"I think the laws against marijuana are dumb laws," Rogers said. "I have a
great difficulty with a system of laws that lets us take some substances that
make us feel good in the form of alcohol, but don't let us take marijuana."

Despite his personal feelings, Rogers said he was obligated to uphold laws.

Deputy District Attorney David Williams had argued that Skipper must be
sentenced to prison to protect society because Skipper was not willing to
follow the terms of his probation.

"I have nothing against Mr. Skipper trying to change the law," Williams said.
"But violating the law is not the way to do it."

The issue of drug legalization again has erupted onto the national political
forefront since Surgeon General Joycelyn Elders recently suggested that
legalizing drugs should be studied. The Clinton administration also is
considering whether to allow the compassionate use of marijuana for patients
suffering from serious illnesses.

Several groups that favor the legalization of marijuana have closely followed
Skipper's case, and he has been vocal in his belief that marijuana should be
available for medicinal purposes.

Skipper's lawyer, Deputy Public Defender Juliana Humphrey, said after the
hearing that she believes her client might have avoided a prison sentence if
he had not been so public in expressing his opinion about marijuana.

"That's what he was punished for," she said. "If he'd shut up, it would be a
very different case."

Skipper, a gardener and telephone-jack installer, said he pleaded guilty to
growing marijuana in 1991 because he wanted to devote his time to his lover,
who was dying of AIDS. He was placed on three years' probation then, with the
condition that authorities be allowed to search his house without a warrant.

He was charged last year with two felony counts after authorities searched
and found marijuana growing at his home. But a jury acquitted Skipper of the
charges in October, agreeing with his defense that he had a medical need for
the drug.

After the acquittal, Skipper returned to Rogers' court, seeking to cut short
the remaining nine months of his probation on the 1991 charge. Rogers refused
to end Skipper's probation but offered to remove the requirement allowing
authorities to search Skipper's house. He still would have been subject to
searches of himself and his car, however.

Skipper refused then, saying he did not want to continue "to live under the
thumb" of the district attorney's office.

In a letter to Rogers before yesterday's hearing, Skipper said he regretted
pleading guilty to the marijuana cultivation charge.

"I am struggling with physical and emotional agonies, but currently they
are associated with my persecution more than with AIDS and its related
syndromes," Skipper wrote. "I am not afraid to die, but I am also not
afraid to live."

Bob Randall of Washington, D.C., a glaucoma sufferer who is one of only
nine people in the United States who has been allowed by the courts to use
marijuana for medicinal purposes, attended yesterday's hearing. He said
Skipper's case has national implications.

"Sam's being punished for winning against a system that is generally
discredited," Randall said.

___________________________________________________
 San Diego Hemp Council -- [s d hc] at [pro-sancho.cts.com]
  Hemp Can Save The Planet -- Re-Legalize It NOW!


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