Mistrial Declared in Case of Man Who Used Marijuana to Ease Pain

Associated Press

Mistrial Declared in Case of Man Who Used Marijuana to Ease Pain The Associated Press January 3, 1997

Seattle-A mistrial has been declared in the case of a Seattle man who said he grew and used marijuana to alleviate chronic pain from injuries suffered in a motorcycle accident. A King County Superior Court jury, which begun deliberating Monday, on Thursday deadlocked 8-4 in favor of acquittal for martin Martinez, who was charged with one count of manufacturing marijuana.

Martinez contended that he grew the marijuana at his home for medical necessity, a defense allowed by state law. Police found 88 plants in his home in a February raid.

When the jury announced that it could not reach a verdict, Judge John Darrah declared a mistrial. Dan Donohoe, a spokesman for the King County prosecutor, said a decision hadn't been made on a retrial.

My gut instinct is the prosecutor won't retry it., said Martinez's lawyer, Allison Chinn.

Martinez testified that he used the marijuana to alleviate the pain in his eyes and head and to help him speak, eat, drink, and breathe more easily. He suffered head and internal injuries when his motorcycle was struck head-on by another vehicle in 1986. He spent nearly three months in the hospital and had 11 operations. He still has difficulty seeing and must turn his head sideways to read.

He said he started growing marijuana two years ago because it had become too expensive to buy the 3 to 5 grams he smokes each day. Martinez said legal painkillers were not as effective for him as marijuana.