Medical-Marijuana Case Set For Trial In Lafourche Parish

[Ganjarden]

A California man who says Louisiana’s marijuana laws need to be changed to accommodate medical users like him will get his day in court next March.

Matthew Zugsberger, 33, is adamant about his desire to make case law in Louisiana that would allow people with serious medical conditions to possess marijuana with a doctor’s prescription.

State Police arrested Zugsberger on June 19, 2008, for allegedly possessing more than two pounds of medical marijuana he says a California doctor prescribed him to fight pain caused by a spinal injury he suffered in 2005 while working as a deep-sea diver.

Zugsberger’s case for possession with intent to distribute marijuana will go to trial March 22, Lafourche Parish District Judge John LeBlanc announced Thursday afternoon.

LeBlanc set the date after rejecting defense attorney Jerri Smitko’s request to have the case thrown out based on evidence that her client had a prescription for his drugs. Smitko, a Houma-based attorney, said she plans to file an appeal with the First Circuit Court of Appeals in New Orleans.

Zugsberger previously stated he believed Lafourche District Attorney Cam Morvant II was stalling his case in an attempt to prevent him from making case law. His view changed following Thursday’s hearing, although he remained confident he would ultimately be found innocent.

“He’s not going to offer me a plea deal or nothing,” Zugsberger said of Morvant. “He’s going to take it straight to trial. He’s making me his top priority.”

While Zugsberger said he believes his case will act as a landmark test for Louisiana’s marijuana laws, Morvant does not share the defendant’s point of view.

“This is not the laws of Louisiana being put on trial,” Morvant said. “This defendant is being put on trial for violating the laws of Louisiana.”

Morvant further explained that Zugsberger’s case was given first priority for the week of March 22-26 because of the length it has spent on the court docket. It has nothing to do with Zugsberger’s prior comments about the District Attorney’s Office stalling, Morvant said.

Thirteen states have medical -marijuana laws. California allows patients to possess a maximum of five pounds.

Louisiana does not. However, Revised Statute 40:1046 mentions the use of marijuana for therapeutic reasons by patients suffering from glaucoma, undergoing chemotherapy or having spastic quadriplegia. Prescriptions must come from a physician licensed in the state and one licensed to prescribe Schedule I substances.

Zugsberger does not have one of the three conditions recognized under state law, nor does he have a prescription licensed by a Louisiana physician.

But Smitko argued passionately Thursday that Zugsberger’s possession of marijuana does fit Louisiana law.

She pointed to a portion of Revised Statute 40:966 that states “it is unlawful for any person knowingly or intentionally to possess a controlled dangerous substance classified in Schedule I unless such substance was obtained directly, or pursuant to a valid prescription or order, from a practitioner.”

Zugsberger did obtain a valid prescription from a practitioner, Smitko said on three separate occasions. The last time drew the ire of Judge LeBlanc, who by that time had already decided against the motion.

Before referring to state law, Smitko offered into evidence a medical-consent form signed by doctor Milan Hopkins and a California-issued card identifying Zugsberger as an authorized medical-marijuana patient. She pointed to the documents as proof Zugsberger meets Louisiana’s standards based on R.S. 40:966.

First Assistant District Attorney Joe Soignet countered that Zugsberger lacks a prescription from a Louisiana doctor, which is required by R.S. 40:1046.


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Source: HoumaToday.com
Author: Raymond Legendre
Contact: HoumaToday.com
Copyright: 2009 HoumaToday.com
Website: Medical-Marijuana Case Set For Trial In Lafourche Parish