Georgia Medical Marijuana Patient Arrested – faces 4 years in prison

Terry Altier is spending what he tells us will be the final days of his life in his Soperton home, but he may soon have to spend them in jail for growing medical marijuana.

“I live with two thirds of my body in severe nerve pain,” Altier said.

Altier told me, his doctors have diagnosed him with a degenerative nerve disorder and spinal injury, and says he hasn’t been given long to live.

“They discovered my body could not tolerate the strong narcotics of morphine…and a whole myriad of other very strong opiates,” he said.

So he showed us prescription bottles for a medicine called Marinol, a legal form of synthetic THC for his pain.

“The name brand is $3700 for a month prescription. For the generic which they came out with probably about eight years ago…it’s $900,” he said.

But after Altier’s partner died, the pills became difficult to afford, so he planted seven marijuana plants on his property and used them to help curb his pain.

The Truetlen County Sheriff’s Office discovered the plants and arrested Altier. He was convicted of marijuana charges and could be sentenced Tuesday to four years in jail.

“There’s a man who could not afford the medication that was prescribed to him, so he’s growing it himself to do what the medication would otherwise do and that makes it a felony,” said Jonathan Morrison, who is representing Altier.

Altier’s neighbor and caregiver Henry Herndon says if he gets the maximum sentence he doesn’t think he’ll survive.

“For as sick as he is to give him four years in prison — that would kill him,” Herndon said.

If Altier doesn’t get the maximum sentence he says he plans to move as soon as possible.

We reached out to Sheriff Thomas Corbin.

He referred questions on the case to Craig Fraser, the county’s district attorney. Fraser did not return our phone calls.

Marijuana Cultivation Case Heads To Georgia Supreme Court

Marietta GA: Georgia criminal defense attorney David Shepherd West is headed to Georgia Supreme Court over a case involving the cultivation of 190 marijuana plants in the basement of his client’s home.

According to West, the case originated from a single car accident in Cobb County where a driver crashed in front of the house of West’s client, Sheldon Mitchell. The police came to the scene gathering the driver’s information and then the drive disappeared.

Though he had committed no crime other than crashing his car, they decided to launch a full scale search with dogs of adjacent properties, even though they had the drivers address a mile away.

Two hours into the search they decided to call it off when, according to police, they heard a branch break in the woods behind Mr. Mitchell’s house 450 feet from the road through heavy woods.

At 1:30 a.m. they then went down Mitchell’s driveway and proceeded to search around his house allegedly because they believed they had “exigent emergency circumstances” to do so.

As they went around the side of the house the dog “pulled away” to Mitchell’s basement door and alerted. They made contact with Mitchell who was mad that police had come on his property with dogs and he refused consent to search. They got a search warrant and found Mitchell was growing marijuana in his basement.

Police had no prior history with Mitchell and had no intelligence that he was growing marijuana.

headerphotoAttorney David West filed a motion in the Superior Court of Cobb County (Mitchell vs. State of Georgia – A13A1393) alleging the search of his client’s property two hours after a single car accident for a person who was not dangerous and whose address they possessed – at 1:30 in the morning- was an illegal search of a persons property and posed an unnecessary danger to his client and the officers who could have been suspected as intruders. West also argued – allowing police to walk around homes with drug dogs was a clear violation of everyone’s 4th Amendment rights.

Judge Adele Grubbs disagreed and believed the police acted properly and convicted Mitchell and sentenced him to five years in prison. West immediately appealed his client’s conviction and requested the judge to let his client stay out pending appeal. She refused and he went into custody.

The case went to the Georgia Court of Appeals and in a unanimous decision they ruled the search was NOT legal, violated his clients right to be free from unreasonable searches and that the use of dogs around people’s homes under these types of circumstances was wholly illegal. Mitchell’s conviction was thrown out.

West reported his court victory on his Facebook page saying “Totally kick ass news and another win against illegal police searches of home grown marijuana.”

West received notice days ago that the state is appealing this decision to the Supreme Court of Georgia and are asking them to rule that police acted properly.

“They will get the final say on what police intrusion is allowed on all our properties. Hope they uphold the right decision”, said West.

A Guide to Georgia’s Marijuana Laws by NORML

NORML: A Voice for Responsible Marijuana Smokers

Since its founding in 1970, NORML has provided a voice in the public policy debate for those Americans who oppose marijuana prohibition and favor an end to the practice of arresting marijuana smokers. A nonprofit public-interest advocacy group, NORML represents the interests of the tens of millions of Americans who smoke marijuana responsibly.

 

Possession

Personal Use

1 oz or less misdemeanor 1 year $ 1,000
More than 1 oz felony 1 – 10 years $ 0

With intent to distribute

10 lbs or less felony 1 – 10 years $ 0
10 – 2000 lbs felony 5 – 30 years $ 100,000
2000 – 10,000 lbs felony 7 – 30 years $ 250,000
More than 10,000 lbs felony 15 – 30 years $ 1,000,000
Within 1,000 feet of school grounds, a park, or a housing project, or in a drug free zone felony 20 -40 years $ 40,000