Submitted on: October 16, 1993 ---oOo --- After only about two hours of deliberation, a San Diego jury returned verdicts of Not Guilty for Samuel Skipper after deciding yesterday, October 15th, that hiv+ Skipper has a medical need to use marijuana and acquitted him on two felony charges of growing marijuana at his home. During the trial Skipper admitted he grew the marijuana in his house and backyard, saying he needed to eat the illegal drug at each meal to fight off the nausea and weight loss which are symptoms of the virus. Skipper says he will continue to eat the marijuana at every meal. During the course of his trial, he took a marijuana/peanut butter sandwich hoping to present it as evidence only to have it immediately seized. Bob Lenzi, a 37-year old La Jolla financial planner, serving as jury foreman, told reporters that jurors quickly agreed that Skipper "... proved his defense of having a medical need to use marijuana because he has the hiv virus that results in aids and because he had shown symptoms associated with aids." "He proved he had a necessity to use cannabis to save his own life," Lenzi said. Skipper faced five years and eight months in prison on the two felony charges. His legal problems, however, did not end yesterday since he now faces probation revocation because he pleaded guilty to growing marijuana in 1991. Drug agents are still not blocked from returning to his home and arresting him again if they find marijuana. Skipper's attorney, Deputy Public Defender Juliana Humphrey, however, has indicated she will file motions asking the judge to remove the probation condition which allows police to search Skipper's home without a warrant, indicating this would clear the way for him to continue to grow marijuana at his home to alleviate symptoms of the aids virus. Ms. Humphrey said, "If that's something our society can deal with, then hopefully the District Attorney's office can, too. Hopefully that's the end of it." Skipper said since he began regularly using marijuana he has been able to maintain his weight and has shown few signs of aids symptoms, despite the fact many of his friends with the aids virus have died while using such drugs as AZT. District Attorney Williams had told jurors they had to decide whether Skipper's decision to grow and consume marijuana was reasonable, saying, "To stay in your sanctuary and ignore the rest of the world is all right, but it's not objectively reasonable when dealing with a medical problem." Skipper's attorney, Ms. Humphrey, countered by telling jurors her client should not be expected to wait for other medicines to fail him and for his medical condition to grow worse before allowing him the use of marijuana. "How many ineffective, blind-alley lethal medicines do you have to take and see someone die from," she asked, "before you can choose what you know works?" Glaucoma sufferer Bob Randall of Washington, D.C. testifed during the trial that he is one of only nine people in the United States who can legally use marijuana to alleviate his suffering. After 15 years the Bush Administration ended this Compassionate Investigational New Drug program. Randall testified that legislatures in 35 states have asked the federal government to ressurrect the Compassionate Investigational New Drug program, and that President Clinton's surgeon general, Joycelyn Elders, has indicated she may do that. Get out the keyboard, folks, and let your politicians know how you feel. A letter of congratulations to Skipper's attorney just might be in order, as well. Ms. Juliana Humphrey Deputy Public Defender San Diego County (MS C-277) 233 "A" Street San Diego, CA 92101 And while you're at it, a letter to the judge asking him to remove Skipper's probation condition which allows police to search his home without a warrant, indicating this would clear the way for him to continue to grow marijuana at his home to alleviate symptoms of the aids virus, just might do a lot of help, as well! Honorable Norbert Ehrenfreund Superior Court, State of California San Diego County Courthouse (MS C-44) 220 West Broadway San Diego, CA 92101 If you're inclined to write, please do so quickly as this type of probation hearing is usually held rather quickly.