Drug possession charges filed against a Tennessee health-related cannabis user have been dropped.
Lewisburg resident, Melody Cashion, was detained following a routine targeted traffic quit just after the police officer reported the smell of marijuana.
In a current interview with Nashville’s News Channel five, Cashion gave her personal account of the events, saying, “It was supposedly a rolling quit.”
When questioned about the smell, Cashion was swift to hand more than a little quantity of cannabis to the officer, significantly less than a gram in total, “enough for two or 3 joints perhaps.”
Cashion was arrested and charged with drug possession, a misdemeanor crime in the state of Tennessee, punishable by up to a year in jail.
Recreational and health-related cannabis are each illegal in Tennessee the state is one particular of only a couple of remaining U.S. states that has however to pass legislation safeguarding sufferers that have reputable health-related causes for working with health-related cannabis, like Melody.
Now off of opioid drugs, Cashion utilizes cannabis to handle the debilitating symptoms of Charcot-Marie-Tooth (CMT) illness, a uncommon, hereditary genetic nerve situation causing chronic discomfort, and characterized by progressive motor and sensory neuropathy, or nerve harm.
Threatening jail time, state prosecutors allegedly urged her to take a plea deal.
In spite of her health-related situation, stated Cashion, “They essentially told me I had no defense.”
Cashion produced the surprising choice to fight the charges, declining the state’s present of a plea bargain, and alternatively, picking out to move forward with a trial, saying, “Everybody believed I was crazy.”
But she wasn’t crazy. In reality, she won.
The drug possession charges against her had been subsequently dropped, and this was devoid of her even getting to go to court.
Fortunately, Cashion’s lawyer, Robert Dalton, was effectively conscious of relevant precedent: a current case in Rutherford County, dubbed “Operation Candy Crush,” exactly where prosecutors had been forced to drop comparable drug possession charges just after getting unable to prove that a cannabis edible solution, gummies in this case, contained additional than .three% tetrahydrocannabinol (THC).
A memo in circulation, written by the Tennessee Bureau of Investigation (TBI), revealed that the department’s existing policy is to limit marijuana testing, “only [to] be performed on felony amounts of plant material and at District Attorney’s request if necessary for trial.”
The wording of that memo has left Tennessee residents charged with misdemeanor cannabis possession in a sort of legal gray-zone.
Cashion had been caught with significantly less than a gram of cannabis on her individual devoid of any laboratory testing, the state wasn’t basically capable to prove that what they had confiscated from Cashion was, in reality, marijuana.
Nearby defense lawyer Joey Fuson stated in response to the TBI’s current memo, “It calls into query the state’s capability and the TBI’s willingness to test misdemeanor amounts of marijuana.”
Added fellow defense lawyer Kevin Teets, “We’re going to have a lot of officers upset if they charge situations and they go to court and the situations are dismissed. If they will not test plant material to inform if it is marijuana or hemp[,] then the case must be dismissed.”