The Monica Ginn trial proceeded today in Olympia. Monica was barred from using the medical defense, as expected. Unexpectedly, the prosecutor asked questions that opened up lines of testimony that clearly alluded to medical marijuana. The term "medical marijuana" was even used in testimony, and several jurors wrote it down on their pads. The judge removed the jurors from the courtroom 4 separate times so attorneys could discuss the line of questioning before continuing. In all, a show was made to cover up the issue of medical marijuana, and it seems that many of the jury must have understood that they were not hearing the full story. In fact, Judge Mcphee confronted a reporter for the Olympian newspaper in the courtroom, vowing to instruct the jury against reading the newspaper before reaching a verdict.

Most of the afternoon was taken up by deliberations on the prosecutor's request for an added school zone enhancement that could add another two years to the sentence of this victimized marijuana patient. The marijuana patient could be sentenced to a total of 7 years in state prison for using marijuana with a doctor's recommendation.

Jury deliberations begin again tomorrow at 9 AM in courtroom 229 of Building 2 of the Olympia Courthouse on Lakeridge Drive SW.

Review:

Monica Ginn is a licensed ethnobotanist and a qualified medical marijuana patient. She was also a qualified caregiver to a multiple sclerosis patient when she notified state authorities that she possessed 25 small marijuana plants. She told the arresting officers that she was qualified under the law, but she was put in jail for many months. After over a year of legal wrangling, months after her MS patient died, Monica's case went to trial, on Monday January 12th, 2004.

Following Jury Selection, Judge Mcphee heard arguments and testimony on the use and cultivation of medical marijuana from medical experts, including a medical scientist studying marijuana at the University of Washington. The doctors, lawyers, and marijuana experts gave testimony on the most important factors for determining medical marijuana patient use to satisfy the court's demand for dosage information. Along with that huge amount of data, the Judge was also treated to a very strong verbal confirmation of Monica's medical authorization by her recommending physician. After an entire afternoon of testimony, Judge Mcphee granted the state's request to deny Monica the medical defense. The Judge clearly disregarded her doctor's testimony. Judge Mcphee decided that his authority to limit Monica's defense is superior to the recommendation of her doctor under a law enacted by the people of Washington State. Judge Mcphee is, in effect, practicing medicine without a license.