Sentencing hearing this morning for Tom Faltynowicz

Some of you may remember the post I did last month on Tom Faltynowicz's trouble with the law regarding his use of marijuana for medicinal purposes. Tom is living with AIDS and the only thing that can make it bearable for him to take his medications, which he needs to save his live, is Marijuana.

As reported by SoDakNorml.org Tom was arrested for growing and smoking marijuana based on an anonymous tip that led to the police searching his home. Tom cooperated with the police and admitted growing and smoking it because he needed it to survive. There was no evidence that Tom ever sold any of it or that he ever smoked it with anyone else.

This morning I attended the sentencing hearing for Tom in Sturgis. It was very interesting to say the least. Tom's doctor testified that, due to the wasting disease associated with AIDS, Tom was not predicted to survive more than a short time. He has, however, beaten the odds with the help of marijuana because smoking marijuana takes away the nausea and increases the appetite which allows him to gain weight and combat the wasting disease.

Tom was basically put in the position of breaking the law or dying. Tom's doctor testified to that fact.

The judge today took all of that into account. But, he stated that he was not about to legislate from the bench. Tom had broken the law and even with extenuating circumstances he was guilty. The judge then sentenced Tom to one year in the state pen with all but seven days suspended conditioned to his not smoking marijuana. He can serve those seven days in the Meade County jail.

I do not fault the judge on this. The problem is the law itself. What is someone to do when the only thing that can help them to live a life that is livable is illegal? It is time to change the law. Why are we keeping a lifesaving medication from a patient who needs it to survive in any kind of a life that is bearable?

I have been informed that there will be a March for Sensible Marijuana policy this Saturday, May 3rd at Memorial park starting at 3:45 with the march starting at 4:20. It is being sponsored by South Dakotans for Safe Access.

Here at The Center West we work with a lot of people who are living with AIDS. If we have something that can make life more bearable for them, then we need to make safe, legal and accessible. To do otherwise is an injustice.