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Oregon Woman On Trial For Helping Dying Man Without A Valid Medical Marijuana Card

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medical cannabis protesterCitizen Needs Support! Make a Difference Just By Showing Up!

My name is Lindy Heise. I am a single mom with two beautiful, thriving daughters. I strive to make my community and planet a better place. I would love to share more about that but for now I’ll get to the point and immediate concern:

Sept. 27th 2011 I go to trial for growing weed.

I think my case is unique and presents an opportunity to help make a change to a ignorant, “lose-lose” system.

They are charging me with 11 charges- of which, 9 are felonies, some with mandatory minimum sentences… If convicted, I face years in prison.

I have been offered a “plea,” which is significantly better, in terms of prison time. My attorney is encouraging me to take it based only on the risk involved of going against the officers who have conveniently created a false reality to support their agenda, (bust and incriminate…) as well as loop holes/ grey areas in the Medical Cannabis defense laws.

The reasons I say my case is unique and holds opportunity are as follows:

I am among the less than 5% in my county, (and probably the country) that refuses to take a plea.

This is probably why they, “Want to teach her, (me,) a lesson.”

I have zero criminal record- nada.

They violated my rights, my children’s rights and the rights of my patients. One of my patients died as a result.

I wasn’t over in the amount of plants I could have. (If they argue I was over-it would come down to a half a plant that was in a curing phase.)

I didn’t have more “usable” medicine than was allowed.

There wasn’t any weapons, drugs or money…

My attorney filed a motion to “suppress the evidence,” because of all the questioning, coercive incrimination tactics and searching that went on during the raid BEFORE they read me my Miranda rights. This has already gone to trial- The judge is still deciding.

What they are calling, “evidence,” amounts to very little- Their word/interpretation against mine and a page out of one of my inspiration journals regarding my dream of legalizing MJ, taxing and what our community could create with all that money…

The fear my attorney has is they are trying to throw out the laws that would defend me as a registered card holder and grower based on the fact that I gave my friend/patient the medicine before he could make it to the clinic for his card that we were in the process of obtaining. It is my friend who passed away. He was quadriplegic. Besides aiding his physical symptoms, mentally and emotionally the Cannabis did wonders for keeping his spirit hopeful… he believed he would walk again someday…,”I’ll be running with my grand kids again.”

Needless to say, after the raid and charges and fear, etc, I was unable to answer his requests for, “help me Lindy…please bring me something…”

Soon he was wanting to die… then he did. It was painful to watch.

It is even more infuriating to know it could have been prevented or at the very least, his leaving this physical body process could have been significantly eased.

The law defends my friend- He had a qualifying, debilitating condition and even with out his card yet- he would still be covered, legally, to use the medicine.

Apparently not me for providing him with it though, thus being a huge factor in why they get to throw out the laws that would cover me.

I’m not taking a plea. For one, THEY violated our rights. Second, I am innocent- definitely, don’t deserve to go to prison. Third- this case is the epitome of our justice system gone wrong. The medical cannabis laws are fuzzy and need defining. I believe that I have a good case to help set some presidence in support of our basic human rights for trials to come.

At the very least, if they are going to put me in prison, they should have to work for it and be held accountable for their actions. Too many families broken, good people in the system, behind bars- for what? Weed.

I don’t know…maybe I’m a dreamer but when I look at my case, wondering what to do, I’m left with a feeling of, “If not me, then who?… if not this case, then who’s?…”

I’m willing to take the risk- On my own they’ll plow right over me. I’m calling out for support and the people with the knowledge and backbone to help me plow over this system, plant some truth and harvest some justice… hopefully free our weed and our people.

I am holding a vibration of the outcome being better than I can imagine-

Please feel free to pass this on to anyone who may be interested or have ideas. I am more than happy to answer any questions regarding this case, to fill in the blanks and give more details/clarity if needed.

Thank you for your time and consideration. Blessings to you and your endeavors,

Sincerely,

Lindy Heise(-Fay)
Josephine County, Oregon
hm: 541-592-5251
e-mail: lindyheise@yahoo.com

Next appearance is 8:30AM-ish on Tuesday, September 27, 2011 before Judge TBA at the Josephine County Courthouse. The address is 500 NW 6th Street, Grants Pass, OR 97526. If you come, please dress appropriately and be quiet and respectful. Please leave your medicine at home (or in your car) as the courthouse will probably have a metal detector at the entry. Other thoughts, ideas, questions and concerns are encouraged. Got One? Let everybody know!

Her attorney is Joshua C. Gibbs, a NORML Legal Committee (NLC) member, he’s defending her pro bono (!), and you can visit – www.gibbsmcvea.com – for more about him and his firm; Contact info: Broadway Plaza, 2121 SW Broadway, Ste 130, Portland, OR, 97201 * Office: 503-223-1708, Phone: 503-679-9068, Fax: 503-227-4702, or email – josh@gibbsmcvea.com

And, See more about him and other NORML attorneys at – http://norml.org/index.cfm?wtm_view=legal&Group_ID=4559

Go to NotDwightHolton.Com to find out why you should not vote for Dwight Holton for Oregon Attorney General, and ‘like’ the Not Dwight Holton Facebook Page!

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3 Comments

  1. Prisoners being held for the peaceful,non-violent possession,sale,transport or cultivation of cannabis must be released http://wh.gov/gf3
    I just started a petition on the White House petitions site, We the People.
    Will you sign it? http://wh.gov/gf3
    We the People allows anyone to create and sign petitions asking the Obama
    Administration to take action on a range of issues. If a petition gets
    enough support, the Obama Administration will issue an official response.

  2. Lindy, I hope your case goes well today, however, after reading your article I have to disagree with you on some of what you write. You say your patient died as a result, are you a medical doctor? If not, I don’t believe you are qualified to make such a statement. You also you say the law defends your friend but never tell us if he actually filed the paperwork for a card yet. If he has not filed then he was NOT protected by Oregon law and you can be held liable for giving him medicine, which you are now finding out. In fact, if this guy was really your friend he wouldn’t have put you in that position, he would have filed wit the state and protected himself and you in the process. You also state you are not over the limit for plants, then say well maybe by a 1/2 a plant . . which is it? Are you over the legal amount or not? I’m sorry but if you are going to play the cannabis game then it is your responsibility to know the laws and abide by them. You paint a huge victim portrait here but on some key points it just doesn’t add up for me as the cops, or courts, throwing out the laws that protect you. It is not the cops job to interpret law anyways, that’s for the courts to decide.

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