State v. Thayer

The arrest and prosecution of my mom has been a nightmare. The court has called into question her most basic values as a member of the community without giving her the chance to say who she is. At a time when we were in the midst of grieving for my brother, and doing our best to manage my own illness, this case has put an enormous extra burden on my entire family. For three years it has haunted us while we quietly invested in justice, awaiting our a day in court to tell our story. It turns out that the law designed to provide protection for seriously ill Vermonters is the same as the one that prevents them from telling a jury why they were using marijuana. As Chief Justice Reiber said in his opinion, “One of the many sad ironies of today’s decision stems from the fact that the majority’s analysis rests entirely on defendant’s failure to follow the precise contours of a relatively recent statute that aimed to decriminalize certain uses of medical marijuana… The irony is that a statute that aimed to decriminalize certain uses of medical marijuana has effectively criminalized defendant’s actions in this case.” Even in Vermont we are afraid to let a senior citizen explain to a jury she was growing cannabis for her son, whose doctor is willing to testify that it was medically necessary. This kind of prosecution does not serve the interest of justice.




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