|  Joe
         Pinson
asthma patientserved a 5 year sentencecharged with marijuana cultivation    Joe Pinson's mother, Regina, and grandmother, Amy,
         testify to all the time they spent taking care of Joe as a
         child, due to his severe, life-threatening bouts with
         asthma. Many were the times they had to rush him to the
         hospital as he was turning gray, unable to breathe. He
         missed so much school one year that he was held back a
         grade, and they got a private tutor to work with him at
         home. Drug after pharmaceutical drug did not help much. When
         Joe was 18, his episodes suddenly stopped. For the first
         time, he was able to breathe and lead a normal life.
         Finally, his family thought, he must have grown out of
         it.  Agents
         began investigating Joe in 1991 after he bought some growing
         equipment. His home utility records showed high electrical
         usage. The DEA, without a search warrant, scanned his
         Missouri property using a heat-sensing, infrared device from
         a helicopter. Agents got a warrant and found 150 marijuana
         plants in his attic. That's how his mother and grandmother
         found out that Joe had not outgrown his asthma, but was
         using marijuana as medicine to control it.
 They seized the family home and his mother had to pay
         $25,000 to get her own house back. When Pinson's lawyer
         protested that the DEA fly-over had violated his Fourth
         Amendment rights by unreasonable search and seizure without
         a warrant, the judge ruled that he had no reasonable
         expectation that the invisible heat radiating from his home
         was private. Joe was handed a five year mandatory minimum sentence for
         growing his medicine. In prison, they did not give him his
         medicine of choice. Instead, they prescribed him hard drugs,
         such as steroids, with known harmful side effects. |