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Title: Shona Banda Faces Decades in Prison Because Her Son Questioned Anti-Pot Propaganda
Source:
Forbes
URL Source: http://www.forbes.com/sites/jacobsu ... vocate-could-lose-her-freedom/
Published: Jun 18, 2015
Author: Jacob Sullum
Post Date: 2015-06-24 07:37:03 by Deckard
Keywords: None
Views: 2773
Comments: 16
In Live Free or Die, a 2010 memoir recounting how cannabis oil saved her life, Shona Banda emphasizes the importance of "self-taught knowledge," acquired by constantly asking questions and "looking at all of the angles of any information given." Her son may have learned that lesson too well. Had he been less inquisitive, less prone to question authority, he might still be living with his mother, and she might not be facing criminal charges that could send her to prison for decades. Banda, a 38-year-old massage therapist who appeared in criminal court for the first time last week, is free on a $50,000 bond while her case is pending. She was able to pay a bail bondsman the $5,000 fee necessary to stay out of jail thanks to donations from supporters across the country who were outraged by her situation. The case has drawn international attention partly because it features draconian penalties and a mother's forcible separation from her 11-year-old son but also because of the way it started. During a "drug education" program at his school in Garden City, Kansas, on March 24, Banda's son heard some things about marijuana that did not jibe with what he had learned about the plant from his mother. So he spoke up, suggesting that cannabis was less dangerous and more beneficial than the counselors running the program were claiming. That outburst of skepticism precipitated a visit to the principal's office, where the fifth-grader was interrogated about his mother's cannabis consumption. School officials called Child Protective Services (CPS), which contacted police, who obtained a warrant to search Banda's house based on what her son had said. As translated by the Garden City Police Department, Banda's son "reported to school officials that his mother and other adults in his residence were avid drug users and that there was a lot of drug use occurring in his residence." From Banda's perspective, what her son had observed was her consumption of a medicine that had "fixed" her Crohn's disease, alleviated her pain, and restored her energy. "I had an autoimmune disease," she says in a 2010 YouTube video during which she displays the scars left by multiple surgeries aimed at relieving her crippling gastrointestinal symptoms. "With Crohn's disease, it's like having a stomach flu that won't go away." But after she started swallowing capsules containing homemade cannabis oil, she says, her life was transformed. "I'm working for the first time in four years," she says. "I'm hiking. I'm swimming. I'm able to play with my kids [two sons, one of whom is now 18]….Anything beats raising your kids from a couch and lying there in pain all day." Banda's personal experience aside, there is scientific evidence that cannabis is an effective treatment for the symptoms of Crohn's disease. As far as the police were concerned, none of that was relevant, since Kansas is not one of the 23 states that allow medical use of cannabis. In the cops' view, what they found at Banda's house—"approximately 1 ¼ pounds of suspected marijuana"—was contraband, not medicine. And when CPS caseworkers took Banda's son away from her, they were protecting him, not kidnapping him. "The most important thing here is the child's well-being," Capt. Randy Ralston told the Associated Press. "That is why it is a priority for us, just because of the danger to the child." The precise nature of that danger remains mysterious. Ralston says "the items taken from the residence"—the marijuana, plus "a lab for manufacturing cannabis oil on the kitchen table and kitchen counters, drug paraphernalia and other items related to the packaging and ingestion of marijuana"—were "within easy reach of the child." But police came to Banda's house in the middle of the afternoon, so that detail is less alarming than it sounds. "She was producing oil during the day, while her son was in school," says Sarah Swain, Banda's criminal defense attorney. So far Banda has been unsuccessful at regaining custody of her son, who is living for the time being with her husband, from whom she is separated. "He is in state custody and has been since the beginning of the case," Swain says. "He is placed [temporarily] with the father." A family court judge ultimately will decide whether it is in the boy's best interest to be reunited with his mother. But as Swain notes, that process will be "moot" if "Shona goes to prison." The charges against her, which Finney County Attorney Susan Richmeier announced on June 5, include two misdemeanors—endangering a child and possession of drug paraphernalia—and three felonies: unlawful manufacture of a controlled substance, possession of equipment used to manufacture a controlled substance, and distribution or possession with intent to distribute a controlled substance within 1,000 feet of school property. The distribution charge, a "drug severity level 1 felony," carries the longest maximum sentence: 17 years. Swain says Kansas law allows sentences for different offenses to be imposed consecutively as long as the total term does not exceed twice the longest maximum, which means Banda could be sent to prison for as long as 34 years. Richmeier, apparently based on the assumption that any sentences would be served concurrently, says the maximum term Banda faces is 17 years. It seems unlikely that Banda, who has no criminal record, would receive a sentence as long as 34 or even 17 years. But a substantial prison sentence is a real possibility given the charges she faces. "When your cure is illegal," says a caption at the beginning of Banda's 2010 video, "you are forced to make the choice to live free or die." If Richmeier has her way, living free will no longer be an option for Banda. One way to keep Banda out of prison may be to challenge the actions that police took before obtaining a warrant to search her house. Banda initially turned away the officers and CPS employees who came to her house, ostensibly to "investigate the safety of the residence for the child." Capt. Ralston describes what happened next: The residence was secured pending investigation and application [for] a search warrant. Officers remained on scene until the search warrant was granted to prevent the destruction of evidence while the application for search warrant was proceeding. That "securing" of the residence, University of Kansas law professor Richard Levy told The Wichita Eagle, may have amounted to an unconstitutional seizure, which casts doubt on the validity of the subsequent search. And without the evidence obtained in the search, the case against Banda crumbles. Even if the search is upheld, Banda may be able to avoid conviction on the distribution charge, which seems to be based on the amount of cannabis found in her home, as opposed to evidence that she was selling pot. The quantity of cannabis that Banda had may seem like a lot for a recreational user, but it isn't for a daily medical user who consumes marijuana in the form of extracts. "I know of no evidence that Shona Banda was ever distributing marijuana," Swain says, noting that the difference between possession and possession with intent to distribute could be the difference between a year's probation and years in prison. Banda's potential sentence also is enhanced because she happens to live within 1,000 feet of school property (assuming prosecutors measured correctly), not because there is any reason to believe she was selling pot to kids. Swain says that enhancement may be subject to challenge, depending on the nature and location of the property prosecutors have in mind. It seems indisputable, however, that Banda engaged in the unlawful manufacture of a controlled substance as Kansas defines it. For someone with no criminal record, that charge alone carries a presumptive sentence of 98 months—more than eight years. How does Richmeier justify threatening Banda with such harsh penalties? The same way a Texas prosecutor last year justified threatening a teenager with 20 years in prison after he was caught with a pound and a half of hash brownies and cookies: We don't make the law; we just enforce it. "The Finney County Attorney's office is responsible for upholding the law in the State of Kansas and holding violators of those laws responsible," Richmeier says in a statement she sent reporters last week. "Currently, the laws in the State of Kansas do not allow for marijuana use, possession, [or] possession of paraphernalia nor do they allow the production of oils or other by-products of the cannabis plant, regardless of a person's medical status." Richmeier, who says her office will refrain from discussing the details of Banda's case to avoid "prejudicing an adjudicative proceeding," adds: Once a violation of law has occurred, our office does not pick and choose the persons we prosecute. Cases with legitimate, well-investigated violations are filed. Once a complaint is filed, we depend on the veracity of our legal system to ensure the appropriate punishment occurs. That defense, which presumably is Richmeier's response to the public uproar caused by her prosecution of Banda, is not quite accurate. After all, Banda was breaking the law every day she made and took her medicine. She wrote a book about it, produced YouTube videos about it, and began work on a documentary about her experience with the "amazing" and "miraculous" plant that she credits with saving her from disabling pain and premature death. "Knowledge is power," Banda says in her 2010 video. "When you decide to take your life in your own hands, and realize that you can do this with a $50 machine and a $5 spatula, a plant that you can grow for free in your own backyard, you can do this, and it's awesome." Banda's "violation of the law" was hardly a secret, but it was not until her son questioned anti-pot propaganda at school that police decided to investigate and Richmeier decided to file charges. "Shona has always been open about her use of cannabis oil," Swain notes. "This is not someone who has chosen to live in the shadows for fear of criminal prosecution….Shona told me that when she moved to Garden City, she took a copy of her book to the sheriff's department and said, 'This is who I am.'" So why the sudden interest in treating Banda like a criminal? "It goes to the completely arbitrary nature of the enforcement of drug laws," Swain says. "To me, this is just a glaring example of how ridiculous the war on drugs in this country has become." This article originally appeared at Forbes.com.
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#1. To: Deckard (#0)
Bullshit. "... CCFA's (Crohn's & Colitis Foundation of America) medical leadership does not support the use of 'medical marijuana' in people with IBD (inflammatory bowel disease). While marijuana might temporarily reduce pain and nausea, there is, as yet, no evidence that it can control chronic intestinal inflammation -- the underlying cause of these symptoms in Crohn's disease or ulcerative colitis..."
Pot must cause Agendavitis. A condition that removes reality, uncontrollable fits of activism and the inability to talk with those that don't have the disease.
Every society gets the kind of criminal it deserves. What is equally true is that every community gets the kind of law enforcement it insists on. Robert Kennedy
Raising an 11-year-old in a goddamn drug house. Of course, mom says it's for her disease. Uh-huh. Right, mom. And the other adults? In front of the child? So naturally the kid thinks it's harmless, to the point he argues with the drug counselors.
She wasn't taking it to get high you imbecilic neanderthal. From Banda's perspective, what her son had observed was her consumption of a medicine that had "fixed" her Crohn's disease, alleviated her pain, and restored her energy. "I had an autoimmune disease," she says in a 2010 YouTube video during which she displays the scars left by multiple surgeries aimed at relieving her crippling gastrointestinal symptoms. "With Crohn's disease, it's like having a stomach flu that won't go away." But after she started swallowing capsules containing homemade cannabis oil, she says, her life was transformed. "I'm working for the first time in four years," she says. "I'm hiking. I'm swimming. I'm able to play with my kids [two sons, one of whom is now 18]….Anything beats raising your kids from a couch and lying there in pain all day." Banda's personal experience aside, there is scientific evidence that cannabis is an effective treatment for the symptoms of Crohn's disease. What the fuck paulsen - I guess she should have just sucked it up and lived with the debilitating pain - that would make you drug warrior assholes happy. She has no right to treat her disease with anything not approved by the almighty government. Good grief, I am so sick of douche bags like you. Equals 20 ounces. 28 grams per ounce = 560 grams. One gram per joint = 560 joints. 1/2 gram per joint = 1120 joints. And these 1,000 joints are for personal consumption, not distribution. Honest.
How much you wanna bet she's still taking her prescribed medicine in addition to the marijuana? Of course, she credits any success to the marijuana. "She wasn't taking it to get high you imbecilic neanderthal." You know that how? Oil will get you high. And the other adults in the house? What diseases were they treating?
Oh, they were rolled into joints? Nice try. I don't know. I'm simply trying to put 1-1/4 pounds of marijuana into perspective. You think 1,000 joints is "personal use"? You must, if you don't think they were drug dealers.
Tunnel vision is exactly what the government and drug companies expect for their success. Any time a natural remedy works, Pharma fights it...she is being made an example of. You should educate yourself and check out the chrons website and read the combination of drugs necessary, along with surgery, (which she already had) and their admission that it will not cure it, or even maintain remissions. Now look at the horrible! side effects that come with each and their outrageous costs. Sounds like you are involved in some of the profits. Wonder what you would do if it was you in pain every day. Now check out the side effects of cannabais.
GrandIsland, you need to realize that anything that keeps you in a state of happy oblivious deformed stupification is suddenly discovered to be, and defined a miracal of medical science and a natural remedy that cures everything from brain tumors to ingrown toenails.
1/2 gram joints are to small.
What you have just posted is a "strawman" argument. You are misrepresenting the original premise in order to make it easier to attack. You are exaggerating, misrepresenting, or just completely lying about the original post, but then I suppose it's a lot easier to use this kind of dishonesty to undermine honest rational debate. Marijuana or cannabis is NOT a cure all - no one has ever claimed it was. But backwards-thinking individuals like yourself and the other defenders of big pharma here at this site have been brainwashed by the government to see anything pot related as evil. In a Cop Culture, the Bill of Rights Doesn’t Amount to Much Side effect on many of these FDA "approved" drugs oftentimes include death. Have you ever watched any pharma commercials on TV? The litany of side effects is much longer that the touted benefits. Sounds like you are involved in some of the profits. I've wondered about that myself. Wonder what you would do if it was you in pain every day. Now check out the side effects of cannabais. He'd rather die or let his kids die than use a product that was not approved by the almighty State he so submissively worships. In a Cop Culture, the Bill of Rights Doesn’t Amount to Much It's merely a reference.
I did. You should, too. "The CCFA does not endorse the smoking of marijuana by IBD patients, any current state-based medical marijuana programs, or the legalization of marijuana. The CCFA does support the calls by the various health organizations urging review of marijuana's status as a federal Schedule I controlled substance, with the goal of facilitating the conduct of clinical research and the potential development of cannabanoid-based medications."
Then you must smoke the crappy stuff... Vegetarians eat vegetables. Beware of humanitarians!
"Banda's personal experience aside, there is scientific evidence that cannabis is an effective treatment for the symptoms of Crohn's disease."
#2. To: misterwhite (#1)
(Edited)
#3. To: Deckard (#0)
As translated by the Garden City Police Department, Banda's son "reported to school officials that his mother and other adults in his residence were avid drug users and that there was a lot of drug use occurring in his residence."
#4. To: misterwhite (#3)
(Edited)
Of course, mom says it's for her disease. Uh-huh. Right, mom.
“Truth is treason in the empire of lies.” - Ron Paul
Americans who have no experience with, or knowledge of, tyranny believe that only terrorists will experience the unchecked power of the state. They will believe this until it happens to them, or their children, or their friends.
Paul Craig Roberts
#5. To: Deckard (#0)
"approximately 1 ¼ pounds of suspected marijuana"
#6. To: Deckard (#4)
"She has no right to treat her disease with anything not approved by the almighty government."
#7. To: misterwhite (#5)
And these 1,000 joints are for personal consumption, not distribution.
“Truth is treason in the empire of lies.” - Ron Paul
Americans who have no experience with, or knowledge of, tyranny believe that only terrorists will experience the unchecked power of the state. They will believe this until it happens to them, or their children, or their friends.
Paul Craig Roberts
#8. To: Deckard (#7)
"Oh, they were rolled into joints?"
#9. To: misterwhite (#0)
" Shona Banda emphasizes the importance of "self-taught knowledge," acquired by constantly asking questions and "looking at all of the angles of any information given."
#10. To: GrandIsland (#2)
(Edited)
#11. To: misterwhite (#5)
#12. To: rlk (#10)
...anything that keeps you in a state of happy oblivious deformed stupification is suddenly discovered to be, and defined a miracal of medical science and a natural remedy that cures everything from brain tumors to ingrown toenails.
“Truth is treason in the empire of lies.” - Ron Paul
Americans who have no experience with, or knowledge of, tyranny believe that only terrorists will experience the unchecked power of the state. They will believe this until it happens to them, or their children, or their friends.
Paul Craig Roberts
#13. To: NoPharma (#9)
Now look at the horrible! side effects that come with each and their outrageous costs.
“Truth is treason in the empire of lies.” - Ron Paul
Americans who have no experience with, or knowledge of, tyranny believe that only terrorists will experience the unchecked power of the state. They will believe this until it happens to them, or their children, or their friends.
Paul Craig Roberts
#14. To: A K A Stone (#11)
"1/2 gram joints are to small."
#15. To: NoPharma (#9)
"Any time a natural remedy works, Pharma fights it...she is being made an example of. You should educate yourself and check out the chrons website ..."
-- Crohn's & Colitis Foundation of America (CCFA) Patient Education Committee, "CCFA Medical Position Statement on Medical Marijuana," Jan. 2012
#16. To: A K A Stone (#11)
1/2 gram joints are too small.
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