Tom Faltynowicz (falti-NO-vich) is a 43-year-old gay rancher in southern Meade County in South Dakota. He has also contracted AIDS, the symptoms of which he alleviates with cannabis. He was diagnosed as having AIDS, based on T-cell count, in 1990. His prognosis at the time was, “maybe a few years.”
Last September, Meade County officials were told that Tom was growing “marijuana” in his trailer house situated near his parents’ house at the ranch headquarters a few miles north of Rapid City, So. Dak.
Tom welcomed the police who came to investigate, Meade County Investigator Michael Walker and So. Dak. Division of Criminal Investigation Agent John Griswold, and immediately admitted growing cannabis to treat his condition. He invited the officers into his house to see his grow operation.
The evidence list says there were five plants and about a quarter-pound of dry “marijuana.”
Faltynowicz pled to possession of more than two ounces but less than 1/2-lb. of “marijuana.” That’s the lowest order of felony; maximum two years plus $4000.
The court, Circuit Judge Jerome Eckrich, will sentence Tom on April 21, 2008.
Tom’s AIDS specialist, Dr. Traub, of Rapid City, will speak at his sentencing hearing. The state’s attorney has already said he will not object to anything Traub has to say. Everything I have seen regarding this case leads me to believe no one wants to punish Faltynowicz. On the other hand, the law is the law.
More at South Dakota Norml:
Tom is a good friend and should not be punished for trying to seek the only treatment that works. We are all with you Tom!! (O.M.)
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