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A Legal, card holding medical cannabis patient was arrested on November 1st following a routine traffic stop where he allegedly cut off a semi truck in traffic in Trenton MO. Jamie Wilson, 48, was charged with marijuana possession and child endangerment when after the officer detected the "strong smell of marijuana" coming from his vehicle. He was in possession of about 8 oz of cannabis flower which was confiscated at the scene.
The NITRO Drug Task Force reports they had followed Wilson from Trenton to Independence, where they believe he bought the cannabis.
This marks the first time since cannabis laws went into effect in MO that a patient has been arrested. In November of 2018 Missouri voters passed a law in which amendment 2, article XIV is supposed to protect card holders from penalty. Unfortunately this was not the case for Mr. Wilson. He was taken from the side of the road and booked at the local detention center only to be released on bond later that evening.
Licensed cannabis dispensaries are not scheduled to open in the state until early 2020 leaving each patient in a gray area for the time being. Wilson's Lawyer Joani Harshman explained to reporters, "The rules say that 30 days after July 4 that patient card holders are legally allowed to possess,".
Wilson's wife Crystal, deeply concerned for what her husband was put through said, "Jamie is in the right. He does have his card, he was within his limit, and with the right support," confirming after trial that "he’s going to be able to come home,".
At the time of arrest, Mr. Wilson's 4 year old grandson was with him. For this reason only, troopers were able to charge his with child endangerment. The child was not reported as hurt or to have had any bruises, marks or trauma at the time of Wilson's arrest. In most jurisdictions nationally, this is an unfortunate legal protocol that has separated countless children from their parents unjustly over the years.
Protesters gathered outside of the courthouse Wednesday, the day of his trial as KSHB News 41 reports. "We’re standing up today to a constitutional injustice by the Daviess County prosecutors, trying to get him out of jail and home for Christmas," said Tanya Roth, founder of Canna Moms KC. The Missouri Department of Health and Senior Services said its interpretation is that card-holders are authorized to possess medical marijuana in a statement to 41 Action News:
"Article XIV established several protections for possession of medical marijuana, and it is the interpretation of DHSS that card holders are currently authorized to possess medical marijuana, but ultimately, the interpretation of how Article XIV protections apply during any given time period will be up to law enforcement and the courts.
“We do currently have a work group with representation from law enforcement agencies to address and work through these types of concerns as we continue to implement this program in Missouri."
"They [law enforcement] don’t seem to understand the rules and regulations that DHSS put out this year to protect the patients. They’ve ignored most of those regulations in regards to Jaime‘s case,"
MO State Highway patrol has not yet released a statement on the incidents. Wilson was released on a $10,000 bond, but was put back in jail on a $75,000 bond for failing a drug test for having THC in his system. On Wednesday the judge reversed Wilson's bond to the original amount. Wilson is also required to wear a Drug Patch while in the presence of his grandson.
His next trial is scheduled for January 15th 2020.