Judge grants marijuana grower second chance
- added July 18, 2008
- 25 responses
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- JackHerer
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"A Sioux Falls man arrested in February for growing more than a dozen marijuana plants was sentenced Thursday.
Sioux Falls police officers removed 17 marijuana plants, 14 seedlings, sophisticated equipment to grow those plants, and a long list of other drug paraphernalia from Johnny Pritchard's home back in February. But Thursday, Judge Brad Zell granted the Sioux Falls man a second chance.
Fifty-year-old Johnny Pritchard arrived at the Minnehaha County Courthouse fifteen minutes before his scheduled sentencing. Minutes later, the judge handed down a sentence of 89 days house arrest, and 18 months of supervised probation.
Deputy State’s Attorney Donald Hanson says, "We would have liked to have seen a jail sentence and we asked for a jail sentence. I think the judge was looking at Pritchard's age and lack of criminal activity in the past. Obviously those are things the court can and should take into consideration."
The judge also considered what the arrest had cost Pritchard's family. Three weeks after the arrest, Pritchard's wife, Kim, left her job as postmaster. At the time, the family said it has nothing to do with the arrest, but it was mentioned several times during today's sentencing.
"He had a lot more to lose than most of the people we see in court for this kind of activity,” says Hanson. “And that made it a little bit surprising that he would involve himself in this."
In the courtroom, Pritchard told the judge he was very sorry for the decisions he had made, and he would never do anything like it again.
Pritchard's lawyer said that he had only been smoking marijuana for six months and turned to the drug after a May 2007 surgery. After that, Pritchard said the prescribed pain killer wasn't strong enough which is why he began growing marijuana for his own use."
By Shawn Neisteadt
Sioux Falls police officers removed 17 marijuana plants, 14 seedlings, sophisticated equipment to grow those plants, and a long list of other drug paraphernalia from Johnny Pritchard's home back in February. But Thursday, Judge Brad Zell granted the Sioux Falls man a second chance.
Fifty-year-old Johnny Pritchard arrived at the Minnehaha County Courthouse fifteen minutes before his scheduled sentencing. Minutes later, the judge handed down a sentence of 89 days house arrest, and 18 months of supervised probation.
Deputy State’s Attorney Donald Hanson says, "We would have liked to have seen a jail sentence and we asked for a jail sentence. I think the judge was looking at Pritchard's age and lack of criminal activity in the past. Obviously those are things the court can and should take into consideration."
The judge also considered what the arrest had cost Pritchard's family. Three weeks after the arrest, Pritchard's wife, Kim, left her job as postmaster. At the time, the family said it has nothing to do with the arrest, but it was mentioned several times during today's sentencing.
"He had a lot more to lose than most of the people we see in court for this kind of activity,” says Hanson. “And that made it a little bit surprising that he would involve himself in this."
In the courtroom, Pritchard told the judge he was very sorry for the decisions he had made, and he would never do anything like it again.
Pritchard's lawyer said that he had only been smoking marijuana for six months and turned to the drug after a May 2007 surgery. After that, Pritchard said the prescribed pain killer wasn't strong enough which is why he began growing marijuana for his own use."
By Shawn Neisteadt
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Good job Judge!! We need to see more compassion for the other several thousand people who are in for the same "crime"!
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a true story of hope
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Damn, look at all those potential uses...
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- Dmitri_Molotov
- 2 months ago
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He should have never apologized. He should have maintained that it was his constitutional and God given right. And good for the judge, but he should have dismissed the case, and left the state to wallow in their failure.
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- Psychedelic
- 2 months ago
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Great Article Jack!
Smoking and/or growing is a non violent crime, and I don't think anyone should do "time" for using the herbal.
This guy was not hurting anyone, in fact, I'd say the prescription drug companies, and the recycling incarceration system are the real problems!
P.S.
The above art is an original from DeliatheArtist my very talent fiancee. -
I guess the judge and society would prefer that this guy used opiate medicines to control his pain, because you know, they aren't in any way addictive or harmful. (sarcasm)
My Dad has cancer but he's afraid to use weed because he could get arrested for it. He can't eat and is in constant pain because of the tumors. He takes so much morphine and other pain killers that he has had nurses who refuse to take him on as a patient because they aren't comfortable with the high doses he uses. The pharmacy always thinks his scrips are incorrect because of the dosages. If he could just smoke the pain would ease and he could eat.
For those of you who might suggest there are other medicines that reduce nausea and treat pain symptoms, you're wrong. He takes compazine to reduce the nausea but it only does that, it doesn't stimulate appetite like THC does. So, he's not nauseous but he still doesn't feel like eating. He lost 20 in three weeks, while in the hospital receiving all those drugs that anti-marijuana people tout as more effective.-
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- spoonieday
- 2 months ago
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Whatever happened to freedom in this country. The powers that be put more rules and regulations on us everyday. When will it stop?
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marijuana has been used as a medical treatment for thousands of years. if this man is behaving responsibly while benefiting from its usage to treat his pain, then i think he should be able to do so without legal consequence.
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- orangeseverywhere
- 2 months ago
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I love cases like this because it shows how the justice system should work for different situations. This judge did his job in the best way by looking at the whole picture...not just the fact he was growing pot!!! very nice!!!
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I think what this story really shows, Azucena, is what a shame it is that fine upstanding citizens get arrested for using medicine. Instead of supporting gangs or terror (what the government tells us pot-smokers do) he was growing his own. That way, he could save his money for his family and still have his medicine. It is ridiculous that our government refuses to acknowledge the benefits of medicinal marijuana but allows the use of substances that can easily, accidentally kill you.
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- spoonieday
- 2 months ago
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Rastafarians are the most logical religious sect. But the ideals aren't very useful for a capitalistic society, also naturlich ist es noch verboten.
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- drewsuf721
- 2 months ago
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People should be able to cultivate and process and enjoy mother nature if they choose. Spend all that DEA money on something useful like education or taking care of the homeless. All the money wasted on destroying people's lives for doing something as harmless as smoking a little weed. What a joke this has been going on way to long the local police ride around like gestapo and arrest the kids on the corner for smoking a little just to justify thier pay check then go home and smoke a joint. What a sad joke.
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Good but still not good enough, let the poor man grow his own medicine without any sentence at all. He is not a criminal.
I wander what could be the sentence for the presidents and executives of the tobacco companies who are responsible for thousand of dead every year.
The law is good for everyone.-
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- mundosanto
- 2 months ago
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It is because this man was growing his own medicine that marijuana is illegal. If you could grow your own Xanax, the pharmaceutical companies would push to have that banned as well. Notice that morphine is legal but it is illegal to grow the poppy species that it is derived from.
Marijuana would be widely used as medicine if a pharmaceutical company could have patented it and produced it exclusively.-
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- AlinaJette
- 2 months ago
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Is anyone really scared of marijuana besides republicans?
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- SuperLayne
- 2 months ago
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It's not exactly like he's a menace to society.
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- damnneargenius
- 2 months ago
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{Deputy State’s Attorney Donald Hanson says, "We would have liked to have seen a jail sentence and we asked for a jail sentence.}
It's scum like Donald Hanson, who enforce this country's draconian drug laws, and they want to stick anyone they can into jail over getting high or growing weed. The man said it was for his pain, and this inferior human being by the name of Donald Hanson wanted to see a jail sentence.
Jessie Jackson and I would like to see Donald hung up in a tree and castrated, due to treason againt the constitution and freedom and devastating a fellow citizen.-
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- Wessagusset_Oracle
- 2 months ago
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I know someone who has severe nerve damage and the only relief is with mother nature's medicine - doctors will prescribe the most narly narcotics but they don't work - they only cause addiction and screw up lives.
How does a victimless crime survive? The only people hurt are the poor souls who get caught with it! is there anything right with our country anymore?-
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- waterbaby2
- 2 months ago
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Well spoonie with the government that we have to deal with today...its good to hear this. So many innocent people have been put away for shit like this and i think its stupid. They should be out chasing the real criminals instead of worrying about a man like the one in this story.Unfortunately we dont have the justice system we are looking for so for the one we got this story isnt bad.
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Finally a judge with some common sense. Maybe we wouldn't have to exercise capital punishment and deal with overcrowded prisons if all the people convicted of possession, growing and selling were set free. Cannabis users do NOT belong in jail!
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Man i wish i had this judge i'm sure he wouldnt have put me in prison like the one I had did for .4 gram god if i was caught growing i prob would have been locked away for life. just for your info thats all i was charged with I did no real crime. I am a non violent person always have been always will be
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