Advocates of medical marijuana were in Lisbon, Ohio to monitor the criminal drug trial of a Columbiana County man. While not presented as a direct defense, marijuana as medicine was the backdrop in the trial of Randy Brush of Wellsville.

The 46-year-old father of three readily admits that he grew marijuana plants on the roof of his house and used the drug.

He claims to suffer from numerous medical conditions and that marijuana gives him more relief and fewer bad side effects than any of the thousands of pills he takes.

"It's terrible to be sick and not have the medicine that helps you and now your a criminal for trying to help yourself," says Brush.

Because of the amount of marijuana taken from Brush's house, the judge ruled against allowing Brush to present an affirmative defense for personal use.

"That evidence, even if established by the defense, the why or the affirmative defense would not have relieved him of criminal responsibility for his conduct," says Prosecutor Tammy Riley-Jones, "but rather would have lessened the penalty."

During his testimony, Brush did say that he didn't always smoke the marijuana he grew.

"Cause I have coronary artery disease and it just hurts to smoke," says Brush. "I would rather vaporize it or eat it because it does help if you do that."

In her final arguments the prosecutor told the jury that just because you don't like a law, it's still the law and violating it comes with consequences.

Representatives of the Ohio Patient Network, a Columbus-based group which supports medical marijuana, feels Brush is another victim of what it calls a bad law.

"Until we get rid of this victimization of people who are in the hardest most difficult periods of their life there's going to continue to be victim after victim," says Deirdre Zoretle of the Ohio Patient Network.

After two hours of deliberations the jury found Brush guilty of possession and cultivation of marijuana.

He could face up to five years in prison. He remains free pending sentencing in March 24, 2006.

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ACTION ALERT

Please write a letter to the judge requesting leniency in sentencing.

Judge C. Ashley Pike
Columbiana County Court of Common Pleas
105 South Market Street
Lisbon, OH 44432

Case # 2005 CR 00110, Randy T. Brush

The Randy Brush Medical Marijuana Trial - Read more