Cancer Patient Charged For Medical Marijuana Use

Christine Green

New Member
A Franklin County man answered his door to receive a delivery, only to be arrested on drug charges
later that day.

Inside the two packages were 10 pounds of leafy green vegetation that Franklin County detectives
identified as high-grade marijuana while executing a search warrant, according to an obtained arrest
affidavit.

The marijuana was addressed to the "Rugg family," and accepted Oct. 29, 2015, by Terry Lynn
Rugg, 64, Ottawa, a retired science teacher who is battling multiple cancer diagnoses.
Rugg now is charged with cultivation of marijuana, possession of marijuana with intent to distribute
and possession of drug paraphernalia - which are all felonies - after he was arrested Oct. 29,
2015.

He is scheduled to appear with his attorney, John Boyd, for a third status conference 9 a.m. Monday
in Franklin County District Court, 301 S. Main St., Ottawa.

"If he goes to prison, he would likely die in prison," Boyd said about Rugg's diagnoses of thyroid,
bladder and urethral cancer.

Boyd said he plans to provide the Franklin County Attorney's Office with Rugg's medical history, in
the hopes of a plea agreement.

The arrest affidavit written Oct. 30, 2015, by a Franklin County detective details allegations, but not
facts, from an interview with Rugg that led law enforcement to believe he was selling marijuana from
his home in the 2100 block of Sand Creek Road.

Postal inspectors in California and Kansas City first deemed the packages sent from Oakland,
California, suspicious, and conducted a controlled delivery to Rugg's residence, according to the
arrest affidavit.

When it was dropped off, the postal inspector said Rugg said, "you saved my life."
Boyd said Rugg recalls thanking the mail carrier for saving him a trip to the post office.
Rugg was visited by law enforcement later that day, who said they smelled burnt marijuana coming
from inside the home.

Rugg said he has been using and growing marijuana for 15 years, which Boyd said helps him
combat the affects of chemotherapy as well as a recent relapse and surgery.

On his front porch, Rugg told detectives his son-in-law who runs a marijuana dispensary in
California, or someone who works there, could have shipped the packages to his address. He said
someone he did not know from the Kansas City area was supposed to pick up the delivery,
according to the arrest affidavit.

However, Boyd said Rugg does not order marijuana through the mail and was only guessing who
sent it. Boyd also said Rugg does not sell the drug.

More marijuana was discovered on the property, including 10 pounds of dried marijuana plants
along with processed marijuana inside and 10 dying marijuana plants behind an outbuilding. Inside
the high-powered lighted and ventilated outbuilding were 50 small dead plants, according to the
arrest affidavit.

Rugg told detectives his health had prevented him from harvesting all the plants, so he let them die.

A weighing scale, several marijuana pipes and water bongs, plastic baggies, cash and 12 firearms
were also found on the property, the arrest affidavit said.

Boyd said the appearance of the inactive operation is consistent with home grown and his client
experiments with different strains to find out which is most effective in treating his illnesses.

Up to 22 pounds of marijuana were seized, according to the arrest affidavit, which has an estimated
street value of $150,000. Boyd said the amount of marijuana could be worth one year of treatment
for Rugg.

Marijuana for both medicinal and recreational purposes is illegal in Kansas.

Boyd said Rugg has abstained from using marijuana, but has contacted a doctor in Colorado, who
could not provide medical marijuana across state lines.

Boyd said a resolution might be Rugg retires in the western state, where marijuana is legal.

13354.jpg


News Moderator: Christine Green 420 MAGAZINE ®
Full Article: Cancer patient charged for medical marijuana use | Local | ottawaherald.com
Author: Amelia Arvesen
Contact: webmaster@ottawaherald.com
Photo Credit: None Found
Website: https://www.ottawaherald.com
 
This smells like a setup to me. The sender didn't even know the guys name, sending it addressed to the family pretty much ensures that anyone at the address would accept the package. A decent lawyer should've able to get it thrown out long ago.
 
This smells like a setup to me. The sender didn't even know the guys name, sending it addressed to the family pretty much ensures that anyone at the address would accept the package. A decent lawyer should've able to get it thrown out long ago.

It could be a setup to get in the door after the posta inspector leaves - probable cause for a search.

When it was dropped off, the postal inspector said Rugg said, “you saved my life.”
Boyd said Rugg recalls thanking the mail carrier for saving him a trip to the post office.

These different stories make the package appear expected from both perspectives.



At any rate, the big charges are about the grow op, not the delivery. Unless the lawyer can throw out evidence based on invalid search, the dude is toast.
 
A Franklin County man answered his door to receive a delivery, only to be arrested on drug charges
later that day.

Inside the two packages were 10 pounds of leafy green vegetation that Franklin County detectives
identified as high-grade marijuana while executing a search warrant, according to an obtained arrest
affidavit.

The marijuana was addressed to the “Rugg family,” and accepted Oct. 29, 2015, by Terry Lynn
Rugg, 64, Ottawa, a retired science teacher who is battling multiple cancer diagnoses.
Rugg now is charged with cultivation of marijuana, possession of marijuana with intent to distribute
and possession of drug paraphernalia - which are all felonies - after he was arrested Oct. 29,
2015.

He is scheduled to appear with his attorney, John Boyd, for a third status conference 9 a.m. Monday
in Franklin County District Court, 301 S. Main St., Ottawa.

“If he goes to prison, he would likely die in prison,” Boyd said about Rugg’s diagnoses of thyroid,
bladder and urethral cancer.

Boyd said he plans to provide the Franklin County Attorney’s Office with Rugg’s medical history, in
the hopes of a plea agreement.

The arrest affidavit written Oct. 30, 2015, by a Franklin County detective details allegations, but not
facts, from an interview with Rugg that led law enforcement to believe he was selling marijuana from
his home in the 2100 block of Sand Creek Road.

Postal inspectors in California and Kansas City first deemed the packages sent from Oakland,
California, suspicious, and conducted a controlled delivery to Rugg’s residence, according to the
arrest affidavit.

When it was dropped off, the postal inspector said Rugg said, “you saved my life.”
Boyd said Rugg recalls thanking the mail carrier for saving him a trip to the post office.
Rugg was visited by law enforcement later that day, who said they smelled burnt marijuana coming
from inside the home.

Rugg said he has been using and growing marijuana for 15 years, which Boyd said helps him
combat the affects of chemotherapy as well as a recent relapse and surgery.

On his front porch, Rugg told detectives his son-in-law who runs a marijuana dispensary in
California, or someone who works there, could have shipped the packages to his address. He said
someone he did not know from the Kansas City area was supposed to pick up the delivery,
according to the arrest affidavit.

However, Boyd said Rugg does not order marijuana through the mail and was only guessing who
sent it. Boyd also said Rugg does not sell the drug.

More marijuana was discovered on the property, including 10 pounds of dried marijuana plants
along with processed marijuana inside and 10 dying marijuana plants behind an outbuilding. Inside
the high-powered lighted and ventilated outbuilding were 50 small dead plants, according to the
arrest affidavit.

Rugg told detectives his health had prevented him from harvesting all the plants, so he let them die.

A weighing scale, several marijuana pipes and water bongs, plastic baggies, cash and 12 firearms
were also found on the property, the arrest affidavit said.

Boyd said the appearance of the inactive operation is consistent with home grown and his client
experiments with different strains to find out which is most effective in treating his illnesses.

Up to 22 pounds of marijuana were seized, according to the arrest affidavit, which has an estimated
street value of $150,000. Boyd said the amount of marijuana could be worth one year of treatment
for Rugg.

Marijuana for both medicinal and recreational purposes is illegal in Kansas.

Boyd said Rugg has abstained from using marijuana, but has contacted a doctor in Colorado, who
could not provide medical marijuana across state lines.

Boyd said a resolution might be Rugg retires in the western state, where marijuana is legal.

13354.jpg


News Moderator: Christine Green 420 MAGAZINE ®
Full Article: Cancer patient charged for medical marijuana use | Local | ottawaherald.com
Author: Amelia Arvesen
Contact: webmaster@ottawaherald.com
Photo Credit: None Found
Website: https://www.ottawaherald.com

Wow - this is unbelievably similar to my own case in Massachusetts. I am convinced that law enforcement just makes this stuff up to try to either get the search warrant or justify it later. In my case, we had a "package delivered" (not a controlled delivery) and then cops busting in my door 5 minutes later. We are registered medical marijuana patients who grow our own medicine, we only consume what we grow. Anyway, long story short is that after $10,000 in lawyer fees our case was dismissed when the search warrant was thrown out. Subsequent news articles stated that my husband and I had owned/operated a dispensary in California and that we were planning to do so here - neither was true. Actually, most of the articles I read about my own case were untrue or had false information of some kind.... I finally had to stop letting it bother me. I hope this works out for this cancer patient.
 
Wow - this is unbelievably similar to my own case in Massachusetts. I am convinced that law enforcement just makes this stuff up to try to either get the search warrant or justify it later. In my case, we had a "package delivered" (not a controlled delivery) and then cops busting in my door 5 minutes later. We are registered medical marijuana patients who grow our own medicine, we only consume what we grow. Anyway, long story short is that after $10,000 in lawyer fees our case was dismissed when the search warrant was thrown out. Subsequent news articles stated that my husband and I had owned/operated a dispensary in California and that we were planning to do so here - neither was true. Actually, most of the articles I read about my own case were untrue or had false information of some kind.... I finally had to stop letting it bother me. I hope this works out for this cancer patient.

Sorry your lawyer hit you up for $10,000. Unless you were the first test case, the Massachusetts Supreme Court has ruled that evidence of marijuana posession or use does not constitute grounds for a search warrant - based on the fact that there cannot be a search warrant for a non-criminal activity. But yeah --- in Massachusetts they always charge every wild unprovable charge they can think of before reducing the charges to something approaching a list of reasonable charges. It scares people into hiring lawyers. (Massachusetts once charged me for assault with a deadly weapon/aggravated assault/leaving the scene of a crime when someone saw me remove an unopened pocket knife from my pocket looking for my car keys, find my car keys and drove away. - An amazingly strange state)
 
How on Earth could they have had the gall to charge you with assault. Where was the victim? Someone actually called the police because you pulled out an unopened pocket knife while looking for your keys -- incredible.
 
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