Randy Brush at home with his dogs.

Update: On March 24, 2006, medical marijuana patient, Randy Brush of Wellsville, Ohio, was sentenced to three years in prison for felony marijuana possession and cultivation. This resulted from a 2005 arrest for growing only four plants on the rooftop deck of his Wellsville home. Brush was immediately ushered off to begin serving his sentence and is now housed at the Pickaway Correctional Institution in Orient, Ohio.

Together with North Ohio NORML and other individuals and organizations, OPN helped secure attorney Dennis Day to appeal Brush's case. The grounds of the appeal are 1.) an overtly biased juror, 2.) inadequate legal counsel, 3.) errors of sentencing with regard to fines and prison time. The brief for appeal was filed with Ohio's Seventh District Court of Appeals in Columbiana County on September 5, 2006. Once the prosecutor is given the opportunity to reply, the case will be scheduled for oral argument before the court. No date has yet been set.

Date: January 3, 2006

SUBJECT: THE RANDY BRUSH MEDICAL MARIJUANA TRIAL - UPDATE
Another Ohio Patient Persecuted and Prosecuted

(Lisbon, OH) At 9am, on Tuesday, January 17, 2006, Randy Brush of Wellsville, Ohio will again appear before Columbiana County Judge C. Ashley Pike on felony marijuana cultivation charges. This case, originally to be tried in October, was continued until January 2006. Like so many cases of its kind, it refutes the claim that patients who use cannabis medicinally are rarely arrested and prosecuted with regard to their medicine.

Summary details about this case:

What: Jury trial on felony (medical) marijuana charges
Who: Randy Brush of Wellsville, Ohio
When: Tuesday, January 17, 2006
Where: Court of Common Pleas for Columbiana County, 105 South Market Street, Lisbon, OH 44432
Case #: 2005 CR 00110
Charges: (Two total) Illegal cultivation of marijuana (third degree felony) and possession of drugs (fifth degree felony)
Judge: Judge C. Ashley Pike, Republican

What Happened?: On October 3, 2004 at about 8:00 am, Wellsville police came to Brush’s home saying that they allegedly had aerial photographs showing marijuana growing on a roof behind his house. Without a valid search warrant, police searched his home and found four live cannabis plants. Police uprooted these plants and confiscated them along with a small quantity of dried product. Apparently understanding that Brush’s use of marijuana was medicinal, the police left behind a significant portion of Brush’s supply. They told Brush that his case would be heard by a grand jury within six months and left without arresting him.

On April 28, 2005, a grand jury in Columbiana County returned a Secret Indictment against Brush, charging him with two counts of felony marijuana possession and cultivation. Brush was arraigned on May 25, 2005, in the Columbiana Courthouse in Lisbon, Ohio. A jury trial is scheduled there for October 11, 2005.

Who Is Randy Brush?: Randy Brush grew up in Columbiana County and even knew a couple of the police officers who arrested him as childhood friends. He received an Associate Degree in Computer Technology from Kent State University in 1987, but earned his living by crafting custom homes, along with wood furniture pieces and artwork.

His life changed radically when his health began to fail in 2001. In December 2003, Brush was declared eligible for Social Security Disability Insurance Benefits. Cited in the judgment were impairments that included ischemic heart disease, disorders of the back (discogenic and degenerative), and depression. Other clinical diagnoses he has had include High Blood Pressure, Osteoarthritis, Spinal Stenosis, Spondylostenosis, Osteopenia, DVT Lower Extremities, Facet Disease, Disc Disease, Pinched Nerves (L5 & S1), and Neural Foraminal Stenosis. Brush has undergone two operations on his left wrist for ganglion cysts and one for Carpal Tunnel Syndrome. The Bureau of Workers Compensation declared these injuries to be permanent and equal 5% of his total body, something clearly career-limiting to a skilled cabinetmaker.

Like many patients, Brush has taken his share of legal pharmaceuticals including clonasepam, indomethacin, Toprol XL, Lotensin, Tramadol, Fosamax, Paxil, Wellbutrin, Zoloft, Ultram, Flexeril, and Zocor. And like many patients, these drugs, particularly in combination, resulted in unpleasant side effects: abdominal discomfort, nausea, headache, ringing ears, dizziness, decreased appetite, fatigue, insomnia, bone pain, and drowsiness.

That’s when he found marijuana. As he became less and less able to perform even simple household chores, he began to search the Internet for answers. A friend recommended that he try marijuana and procured a sample. He found it a Godsend. For him, it has immediate benefit, with little waiting for the desired effect. Instead of lying down all the time as required or induced by other pain medicines, Brush was able to get busy and clean his house. As added benefit, he didn’t need as much of his regular pain medicine, and when he did take it, he had an appetite to ingest food as required beforehand.

Because purchasing marijuana on the black market is dangerous and costly, Brush decided to grow his own. Toward that end, he crafted a secure location on a roof, invisible from the street, where he could cultivate his medicine. That’s when the police allegedly obtained an aerial photo, which led to his arrest.

Brush’s disabilities, use of cannabis, and the bust have taken an even larger toll on his personal life. Shortly after being arrested, his wife of 13 years filed for divorce.

Why is this Case Important?: The prosecution of Randy Brush again dispels the myth that medical marijuana patients rarely incur the scrutiny of law enforcement. Brush had been a quiet, family man with failing health as his main tormentor. The cannabis plants he was growing solely for his personal use were neither in plain view nor accessible by anyone else. His growing number of medical conditions coupled with his inability to tolerate the myriad conventional medications he was forced to take made marijuana an attractive and effective alternative.

The involvement of the legal system has added nothing to his well-being. This prosecution has torn apart his family. Where he once found acceptance and understanding, he now faces hostility. His wife, fearing further intrusion by police for use of his medicine, filed for divorce. Like many of the disabled, Brush does not have the financial resources to battle the legal system. No part of his arrest or prosecution is necessary nor improves his situation.

“What happened to Randy Brush represents the unfortunate treatment of the poor, sick, and disabled in our society,” commented OPN President, John Precup. “In the wake of Hurricane Katrina and how we saw these people treated in its aftermath, surely we can do better.”

Senator Robert Hagan (D-Youngstown) introduced Senate Bill 74, Ohio’s medical marijuana act, into the Ohio Senate in January 2005. Under SB 74, Brush would have been able to identify himself to police as a medical marijuana patient. The police could also have checked with the Ohio Department of Health for records concerning his state-issued card before ever approaching him.

SB 74 was forwarded to the Ohio Senate Criminal Justice Committee, chaired by Senator Jim Jordan (R-Urbana). Hearings on SB 74, as required by law, have yet to be held.

Who is the Ohio Patient Network?: The Ohio Patient Network (OPN) is a 501(c)(3) non-profit coalition of patients, caregivers, medical professionals, concerned citizens, and organizations who support the compassionate use of cannabis for various medicinal purposes. In January 2005, OPN formed the Ohio Patient Action Network (OPAN) to lobby for SB 74.

Information about OPN can be found at http://www.ohiopatient.net. The link “Patient Profiles” contains information about Randy Brush including photographs of his carpentry work.

OPN is making a number of its members available for interview about medical marijuana including Randy Brush. Please call 1-888-262-2843 for details.

For updates on the Randy Brush case, please see The Randy Brush Medical Marijuana Trial