William
Foster
Rheumatoid arthritis patient
sentenced to 93 years
then reduced to 20
for medical marijuana cultivation
Will was a productive citizen who paid his taxes, served
in the US Army, and had his own computer programmer/analyst
business for five years. He, his wife, Megan, and their
three children were leading ordinary lives in Oklahoma until
he was arrested for using his medicine of choice. "We
were a happy, typical family that had a life and had dreams,
but the Tulsa Police Department had different ideas,"
Will wrote.
Will has crippling rheumatoid arthritis in his feet,
hips, lower back, and hands. He did not like the side
effects of the drugs his doctors prescribed, which were
mostly codeine-based and highly addictive. These drugs left
him moody, tired and edgy, making it difficult for him to
enjoy his family and perform his work. Will found that
medical marijuana controlled the pain and swelling
associated with his condition, so he grew his own
medicine.
On December 28, 1995, based on a secret tip from a
'confidential informant,' police entered the Fosters'
home with a 'John Doe' search warrant for
methamphetamine. They found no meth, and no evidence of meth
or anything listed on the search warrant. What they did find
was his basement garden - 66 cannabis plants - and $28
cash.
Will refused to take a 'deal' and asked for a jury trial
instead. However, he never had the chance to confront the
witnesses against him, as the judge refused his Sixth
Amendment right to do so. Furthermore, he was denied
his Fourth Amendment protections against unreasonable
search and seizure and nameless warrants. The prosecution
poured on the pressure and the jury convicted him. He was
sentenced to a total of 93 years - 70 years for marijuana
cultivation, 20 years for possession of marijuana in the
presence of a minor child (his own), 2 years for possession
with intent to distribute, and 1 year for not having a tax
stamp.
In April 2001, Will made his parole. Thank you to all
who wrote letters to the Parole Board and to Governor
Keating in Will's behalf. He is currently living in
California, and he is helping other prisoners with their
cases. Please check out his web site at www.adoptagreenprisoner.org
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