Henrico Medical Marijuana Case Ends Well for Hobbled Defendant

Jacob Bell

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"It was like everything they said on TV was like they was talking directly to me," Clyde Christopher Gilliam III told a Henrico County judge Wednesday.

He was talking about a program he'd been following a year ago on the History Channel about the benefits of medicinal marijuana and about how he figured it was just what he needed to alleviate years of pain.

He told the judge about the 27-foot fall from his family's Prince Edward County grain silo in 1997 that left him a bag of broken extremities: two broken legs, nine lost teeth, a broken jaw, broken ribs and a sideways nose that sports more tracks than a railyard.

"I was pretty broke up," Gilliam, 50, told Circuit Judge Burnett Miller III. He said he has been taking about 500 milligrams of oxycodone a day for more than a decade. He walks sort of sideways like a sand crab and puts a stabilizing hand to the ground to get up steps.

"I thought I'd had a heart attack once; turned out to be opiate withdrawal," he said.

Life has been a mixed bag. The year before the silo fall, Gilliam and his wife won $68,000 in the Cash 5 lottery. That did nothing to ease the pain of broken bones. The winnings bought a vacation home, now sold because of medical costs.

So Gilliam began growing marijuana in his backyard off Skipwith Road, just a little patch mixed in with the tomatoes beside the neighbor's fence. Fishhooks kept the dogs off the crop, which by September last year numbered 37 plants, a few of which reached 8 feet tall.

A neighbor called Crime Stoppers, drug investigators cut down the crop, and on Wednesday, they wheeled five big bags of the stuff into court. On the witness stand, detectives spelled out the crop's value with the same precision Gilliam enumerated his medication levels: the 81 pounds could bring as much as $243,000, they said.

Gilliam was charged with possession with intent to distribute and faced a possible 40-year sentence.

Even a heavy user of medicinal marijuana likely wouldn't consume more than a half ounce a week, Assistant Commonwealth's Attorney David Giroux argued. But defense lawyer Jeffrey L. Everhart stressed the absence in Gilliam's modest home of any materials – plastic bags, ties, scales, account ledgers and other items – that would suggest a distribution operation.

"I'd never growed it before, and I'd never seen it growed before," Gilliam said. "I didn't have a clue."

Giroux honed in on Gilliam's financial straits but stepped into a sad tale of a couple struggling to survive. Gilliam's wife is bedridden, suffering from degenerative bone disease, he testified. She recently broke a rod in her back meant to straighten her bent spine. An 18-inch scar parallels her backbone.

"They filleted her like a fish," Gilliam told the court. "Split her wide open." Now the couple survives on help from churchgoers and disability checks.

"We pay our bills," Gilliam testified, "but there's not much left over, to tell you the truth. We eat a lot of soup and sandwiches."

Burnett pondered the bent and broken defendant's future and a past that included a conviction 30 years ago of marijuana possession. The judge sided with Everhart's argument, convicting Gilliam of misdemeanor possession. Gilliam was sentenced to pay a $500 fine and spend 30 days in jail.

Burnett ordered Gilliam to show up at the jail Friday at 8 p.m., giving Gilliam time to make arrangements for his wife's care and his own medicinal needs behind bars.

After court, Gilliam called Everhart his hero and when he half-crawled his way into his home Wednesday night, he hugged his wife, Lisa, and told her to pray.

"I done wrong, but I wasn't trying to harm anybody, just take care of myself," he said. "I guess the lesson is don't grow marijuana in Henrico County."


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Source: timesdispatch.com
Author: Bill McKelway
Contact: Contact Us | Richmond Times-Dispatch
Copyright: ©2011 Media General Communications Holdings, LLC
Website: Henrico medical marijuana case ends well for hobbled defendant | Richmond Times-Dispatch
 
Wow, I am from Richmond and I can't believe the Judge was that light on his sentence...Here is another example of someone who can stop taking pills and use something natural but it is illegal....I am sure the oxy did him more harm that any of the 84 lbs he had...Virginia does have a bill in the House to lessen the penalty for possession and simple use...My uncle who was a Sheriff in VA for 30 years said that arresting people for pot was the biggest waste of time and money when he was in law enforcement.Maybe some day....:peace:
 
Honestly, the more I read about medical marijuana, the more I think that was it's original intended use. Like, every plant has it's use. Cannabis was probably meant to be used for medicine and hemp products. A very versatile plant. And one that can help with anxiety and depression through smoking. I find it amazing. We are getting closer and closer to federal legalization of cannabis for medicinal use. I feel it.
 
Here in Canada a judge may have let him go on probation due to his medical condiction. With a new senate bill S-10 that wants manditory minimums, the guy would be going to prison for at least a year and the prosicutors would do all they can to make the sentance longer. If he gave any to his wife, that is trafficing. We live in a sick society that would attack a crippled old man like that!
 
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