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D.C. Pays Dearly After Letting a Medical Marijuana Patient Die in Jail

As a toddler, Jonathan Magbie was struck by a drunk driver. He survived for 23 years, paralyzed from the neck down, until one day he was arrested for using medical marijuana to treat his pain. Magbie died in jail four days later.

This week, Magbie’s family settled a wrongful death suit, bringing this unfathomable tragedy back into the spotlight:

Attorneys for his mother, Mary R. Scott, declined to provide details of the financial settlement, which she reached with the city, private contractors and the insurance company that covered doctors at the hospital. The American Civil Liberties Union, which represented Scott, called the settlement "substantial" in a news release.

Magbie's mother was furious that the judge did not give her son probation, the typical punishment for first-time offenders. Magbie, paralyzed since being hit by a drunk driver at age 4, had no criminal record. Retchin told a judicial commission that she sentenced Magbie to jail because he said he would continue to smoke marijuana to alleviate his pain. [Washington Post]

He was literally singled out for using medical marijuana and being honest about the fact that his condition required continued use. Anyone still struggling to understand the persecution of patients in the war on medical marijuana need look no further than this.

And, as Dan Bernath at MPP points out, voters in Washington, D.C. overwhelmingly passed a law back in 1998 to protect patients like Jonathan from arrest. If Congressional drug warriors hadn’t continually blocked the implementation of D.C.’s medical marijuana law, Magbie would probably never have been arrested, never died in jail, and D.C. taxpayers wouldn’t have to foot the bill for the mindblowing callousness and incompetence that took his life.

Drug War Issues Medical Marijuana

it is disgusting that i live

it is disgusting that i live in a country that persecutes people like this.

disgusting

Then Move. You can't blame the country for the acts of one stupid Judge.

A small mind with small thoughts - DISGUSTING

Unfortunately, our country is full of incompetent bureaucrats, judges and lawyers who can not run their own personal lives with dignity much less dictate to others.

Instead of a consumption tax that would tax illegal aliens, drug dealers, thieves and others with non taxable incomes, we waste our federal tax dollars on border fences that do not adequately address or solve the problem. A consumption tax takes care of the problem and hopefully would significantly eliminate most, if not all, of the IRS's bloated and inefficient payroll.

Legalizing marijuana and taxing it is no different than cancer-forming tobacco products or liver debillitating alcohol products. Marijuana, a natural high, usually doesn't receive such negative health reviews. What a windfall for the country's tax coffers! Oh, that's right, pesky do-gooders, religious zealots and on-the-take legislators don't think this is a good idea.

Why do we cling to such colloquial ideals when the country' economy is tanking????????

Some bail-outs are important for our survival AND so is an innovative way to increase tax collection so that we, AS AMERICANS, can be proud to say that we survived the economic downturn of 2008 and found new ways to collect taxes from the invisible economy - YOU KNOW, those who have no documentation, work for cash, drug dealers, thieves ---- basicly, those who do not pay their fair share of anything - they just take, take, take!

Thank about this DISGUSTED before you take the easy way out and tell someone to just move.

Disgusted........how polite!

I'm with you. We waste our resources on pot smokers, while tabacco and drinking destroys millions. Insane. No wonder the US is tanking. What a great source of tax revenue.

how horrible

That is so tragic.
His family got a settlement but where is this man's settlement.
Sometimes things are just so wrong.........

bad law

Don't be glib..it makes you sound ignorant.

If ANY of the things this administration has done to it's citizens in the last 8 yrs happened in europe or South America, citizens would have been rioting in the streets and holding the responsible politico's feet to the fire!!!

It is the laziness of the average american who doesn't educate himself well enough to make decent choices when they vote IF THEY BOTHER TO VOTE....Most of us are too lazy to hound our representatives and fight for change. Many Americans do not care about anyone but their own communities ...so, if it doesn't hurt them, they won't lift a finger to right a wrong. There are religious sects here that believe if you are poor or struggling it is not because life is not fair or that some people are predators....no! they think it is because God is punishing you...what a disgusting idea!

It is the false idea that America was founded on Christianity instead of specifically declaring that NO religion shall dictateor be combined with the law in any way...THE SEPERATION OF CHURCH AND STATE WAS DELIBERATE..yet we have zealots in govt who are admittedly working from within to turn our consttitution into their version of God's wishes instead of the constitution which is the bedrock of freedom....well, it was before Bush's actions in Iraq let the world know differently...we are an imperialist nation. Just ask the millions of people we have robbed and seriously harmed over the globe.

If you want anything from any government, you have to TAKE it because NO govt [ours is no exception] GIVES you any rights or freedom from the excessive abuses by the ruling classes without a heck of a fight.

It isn't a matter of ONE stupid judge. It is the current mindset of our entire judicial system that 'there-is-no-such-thing-as-an -innocent- defendant-so-everyone-is-a-criminal' which allows judges to make such vile and inhumane rulings. This judge should be disbarred and not allowed anywhere near the court system again.

The drug laws are stupidly, destructively, vindictively BAD and the only ones who make money are our crooked drug companies, the most vicious of street thugs and the crooked politicians who funnel drug cash into covert CIA and Blackwater contractors/mercenary operations...all the better to ILLEGALLY dominate and/or steal everything posible worldwide. You can thank Ronald Reagan, GHWBush, Olliver North for that little drug pipeline!

The predatory crooks are abetted, funded and voted in by those Americans who forget that this land is FOR ALL OF US with their mindless bias, nationalism and religious zealotry!

We used to be much moire thasn that...I am hoping Obama can bring a new awareness of who and what we can be instead of the paralyzing fear and selfishness that trickles down from our lemming of an illegal president ... the guy who has helped his
pals shovel our treasury, resources, future and honor into their own pockets.....

i'm revolted

what a story.
how evil the system is sometimes..........

Here is the reality

Try being sick and being tossed out of your home over MMJ

I just got news back from Federal Judge Lasnik that he is uwilling to hear my case about my family not being allowed a home just because I have not responded to Standard pills or treatments.

I have one last appeal then I will have to do what I must to stop suffering, people are about to lose another warrior.

And if you think i'm crazy, let me ask you this, What would YOU do if your family was not allowed a home over the legal use of marijuana under the care of a doctor and what would YOU do if you were forced to live with 27-48 PAIN convulsions that are so bad they look like a grand-maul seizure, and you were forced to have these each and every day due to the actions of our Federal System.

More Blood

on the hands of every judge, cop, and corrupt thoughtless politician who has ever supported prohibition. They all share some blame when tragedies like this occur.

Thanks for nothing Bob

Thanks for nothing Bob Barr...

At least Bob Barr is willing

At least Bob Barr is willing to admit he is wrong...

On the other hand, I haven't heard Obama say how cool it would have been if he was arrested for his drug use.

Nuts

Stupid, outrageous, marihauana prohibition killed another innocent person. How tragic.

died from pain?

What exactly did he die from? I understand that he suffered alot and I totaly agree he should have been given the pain method or ideally not even put in jail. I work in prison ministry and see alot of medical abuse's because they have their own closed system and if you mess with them they just restrict you from going in. I don't know the story here and I would like to know what he died from. Please answer.

Somone has asked why did he die?

It looks to me he had at least 2 things going on here.Respiratory distress. He needed a vent at nite, they didn't provide one.If he was fighting to breathe, he was using up valuble calories. And he did not eat much, went into low blood sugar. Bam ! He went into a Diabetic coma (Sweaty). This can kill you quickly........remember he was a Quad.

My 2 cents
Kim

Died from pain?- check link in 4th paragraph

There's a link to WP story that can fill you in.
I agree with 'more blood" post. This is a particularly terrible example of the blood that is on the hands of the scumbag alcohol supremacist bigot drug warriors. Amazing how evil can convince itself it's noble.

Medical Marijuana

If this was medical marijuana and it was against the law why didn't they put the Dr in prison. Putting a paralyzed individual in prison and in pain is insane to begin with.Where was this judges compassion? The judge exposed his own shadow.

don't understand

Why are people being arrested for consuming a PLANT? I mean, look at cannabis for what it really is:pain reliever,euphoria bringer,calming agent. I havent met a single cannabis smoker that becomes violent whilst stoned.Alcohol?...

Magbie

The JUDGE was the guilty party...she killed this man because she had a burr up her ass when he didn't lie and pretend to be sorry for medicating himself. The judge should be taken off the bench, disbarred, charged with any crime that covers reckless judgement...which would never work, by the way. The judge will never face the music for her callous disregard for common sense and humanity. All we can hope for is that she actually does have some tiny shred of humanity in her and will look in the mirror every am and realize she killed a man for no reason at all.

Damn her and every judge that goes along with the prohibitionistic torture and murder of the innocent. If only they all had but one neck I could snap!!!

Don't Rely on Judges, Change the Law

Yes the judge should have been more compassionate but she was only following the law. It's the law that needs to be changed. Until that happens the penalty for getting caught with marijuana will vary from nothing to a death sentence.

Just doing her job?

She was just following orders, isn't that what all of the gestapo said when they were accused of war crimes? Just following the "law" when it is clearly wrong is not a reason. The judge has some very bad judgement. The sooner folks like this are held accountable the sooner folks like Mr. Magbee, will really be safe.
If he had been rich, do you think he would have been treated this way? Come on folks, its time to start shining a very strong spotlight on this kind of behavior. Should not matter what status or position any person holds, if they do a crappy job they should pay.

Incorrect

That's actually incorrect. Judge Judith E. Retchin defied a presentencing recommendation that Magbie be given a term of probation — a sentence that even the prosecutor found acceptable.

She sent him to jail for 10 days to teach him a lesson.

That said, D.C. residents tried to change the law. D.C. voters passed a medical marijuana initiative in 1998 with 69% of the vote. The initiative has never taken effect because Congress blocks its implementation. Had the law been in effect, Magbie might have been able to present a medical defense in court, and might be alive today.

My 11 year old daughter just

My 11 year old daughter just completed a D.A.R.E. course. It seems to be mostly propaganda because it only presents one side and that side is exaggerated. In addition to illegal drugs they also cover alcohol and tobacco. I asked my daughter why marijuana was illegal but alcohol and tobacco weren't. She had no idea. The D.A.R.E website even says there are no medical benefits to marijuana.

DARE

DARE also tells kids to turn their parents in...so they can "help" them.

Synthetic Medicinal Marijuana Is Legal, why not Organic?

Marinol, Dronabinol, is allowed by Medicare, approved by the FDA, and accepted by the DEA. Sativex for Multiple Sclerosis Patients is legal in Canada, and being made available in the US by the FDA. Cannador, and Baclofen helps people with severe arthritic ailments. Reports provided by the MS Clinical Advisory Board describe numerous reports of the effectiveness of "Organic Cannabis, however do not recommend smoking it even though they reported, and confirmed that not one person has ever developed, or been associated , (even long-term cannabis smokers) with any kind of Cancer, including Oral, Esophageal, or Pulmonary. They even discovered that the cannabinoids in "Organic Marijuana", can reduce neuronal damage, and promote snaptic plasticity limiting neuron disease progression. So why if the less beneficial "synthetic marijuana" is completely 100% legal not the more healthier, and beneficial "organic marijuana" not? To weigh the evidence on the scales of justice you would have on one side evidence regarding the benefits of "organic medical marijuana" stacked from the floor to the ceiling, on the other side only rotten scent of vapors rising out of ignorance.

puregenius's picture

Money is the answer

Marinol's price is over 7 times the black market price of cannabis. The FDA is there to protect the interests of the pharmaceutical industry. Years ago Andrea Barthwell, formerly with ONDCP made the outrageous claim that Marinol was marijuana without the high. Anybody who has taken Marinol can tell you how stupid that statement is.

Hypocrisy reigns supreme in the drug war. The only thing that changes is the interests supporting it.


all that will be left!

that goes to show ya police, judges, lawyers .politicians thats all that will be left after they convict the rest of us for who knows what ,and pardon or plea out ,as they stick money into each others pockets.and the rest of law enforcement. fbi cia (homeland security) THATS GOTTA BE AN OXY MORON.JUST LOOK AROUND.I lost faith in that bunch years ago and am now just holding my head down so i dont get charged with something i may not even know is against the LAW.BUT THATS JUST ME.

Unfortunately, it takes money talking to make bullshit walk

I only wish public knew what the financial settlement was because it sounds like a lot. If other cities knew, it would certainly put them on notice.

a way to make a difference

If you ever get on a jury on one of these cases. Keep your mouth shut until seated and then strt talking about jury nulification. The judge will repromand you but remind him your a seated jurist and ask or finfd the law does not apply in this case hence jury nulification.

What was the nane of the Judge ?

Why is it that in every news story I ever hear reguarding a questionable judgement the name of the judge is with held? If We The People were told who these ass-in-nines were that make these jerks ass decisions than come election time we would vote them out of office. Instead we get this immunity from identity BS so no one knows who to vote for come election time. PRINT THE NAME OF THE JUDGE so we can than remind voters of these judges records and remove them from office !!

Emmet C's picture

Take a deep breath (preferably toke-filled)

... and take the time to read the Washington Post article linked to in the story. It identifies the judge by name (D.C. Superior Court Judge Judith E. Retchin) and details the cause of death (inadequate medical care/improper medical equipment available from the private contractor hired to run the jail).

Hysteria does no one any good and the energy you expend on your righteous anger could be better spent lobbying your congresspersons (who govern DC) or your state and local representatives, but don't hold your breath for change.

Now, exhale.

ec


SHE GOT MONEY HE'S STILL DEAD

This is a disgraceful story and one I HOPE taught law in forcement a lesson.How awful .terrible that he had to suffer like that all those years and then suffer four days torture with no relief.Those that brought him to this place will have this to answer to the Lord for

Unbelievable

This is utterly unforgivable. Supportive care of a quadriplegic person is difficult and requires training and years of experience to be done properly. The risk of complications is high and patients develop respiratory compromise and secondary infections very easily. Those of us with training and experience still struggle daily to keep our patients well. This poor young man's family has likely dedicated much of their time and lives to ensuring that he is comfortable and healthy. To have him taken away and thrown into jail, for the crimes of appropriately using medical marijuana and then choosing to be honest about it, is itself a crime. But to authorize this action knowing that the facility is not equipped with appropriate supportive equipment and lacks trained medical personnel was akin to signing his death warrant. Were no health care workers involved in this case? Why did no one speak up about the obvious and potentially lethal dangers of placing him in the facility?
A crime was clearly committed here. But not by Jonathan Magbie.

HOLD THE JUDGE ACCOUNTABLE!!

I think the judge should be punished for his "misjudgement". His punishment should be two fold... first he should have to pay the entire settlement himself. Secondly, Johnathan's family should get to stuff a 10 pound block of marijuana right up his ass!!

Huh?

How did being in jail cause his death? That is the only relevant question.

couse of death?

I think it states he needed a respirator to help him breath, at night. It is because he had a high cervical spinal cord injury. That means the nerve to the diaphragm works poorly. Without respiratory assistance at night, people with this type of injury, can't get enough air and die (try holding your breath for twelve hours!) Same reason that Christopher Reeves had such a problem with his speech. Sometimes these are called "hangman's" fractures of the spine. It all means one cannot breath normally after that type of high cervical cord injury.

medical...marijuanna

another one of the many accomplishments by this bush/cheney team....congradulations guy's, you succeeded in killing this kid in prison...not to mention, flushing this country down the toilet in just 8 short years.....your legacy will be that of SHAME and DISGRACE ! and for all of you pathethic morons who voted for these rape artists, do us a favor...

DON'T BREED!

Money Talks

The main reason marijuana was made illegal was pressure (and money) from the liquor lobbys. They were losing money because people were getting happily stoned and didn't want to drink. Seagrams was the biggest contributor.

Judge Judith E. Retchin.....

Your an a$$hole!

change the laws of marijuana

go to change.gov, voice your opinion, call your legislators, congressmen, senators. do it every day, tell a friend, do it every day. i have, ever since change.gov went on-line. if obama is going to change, marijuana will be the first change because he went to harvard, and they're supposed to be smart enough to know america has wasted billions upon billions of dollars so drug, tobacco,alcohol, and big brother lawyers and lobbyists can earn the big bucks while we have almost 13% of our prison population incarcerated for a medical marvel of a plant that anyone can grow for a multitude of reasons and its cash value as a product moneymaker would be beyond control.that's it, anyone can grow it, just about anywhere. they cannot control it, so they get to keep all your dollars and your common sense in their pockets.

Where's the science in the national policy?

Research on cannabinoids is showing what was touched on above: that endocannabinoids (our own natural, innate cannabinoid neurochemicals) are fully integrated into out nervous systems and are important for many, many basic functions throughout our bodies and there is good reason why exogenous (from outside the body) cannabinoids are considered to be the LEAST toxic psychoactive substance known to human kind (precisely because there are so many of these substances already running around in our bodies.) It's also the main reason that cannabinoids help with so many different types of medical conditions; these chemicals are involved with many different functions within the human body that are affected by a number of different illnesses. It's now understood that cannabinoids are extremely important for the pain (and other sensory) control systems in our bodies by virtue of the ability to antagonize (attenuate or blunt) N-methyl-D aspartic acid (NMDA) and glutamate, which are exictotoxic substances that are increased in many neurological diseases and which cause damage to the brain and a whole host of nasty, not fun symptoms. Forget all the propaganda. Although cannabinoids are known to have a mild affect on Long Term Potentiation and the formation of memory, the idea that these chemicals can somehow cause "brain damage" (of an unspecified nature) is completely wrong. By virtue of the NMDA/glutamate antagonistic affect, cannabinoids are actually neuroprotective and in illnesses which have a negative effects on the central nervous system, the attenuation of the effects of NMDA/glutamate can be extemely positive and actually cancel out the far greater "memory negative" and other negative effects of NMDA/glutamate. At the very least, when using cannabinoids for medical purposes, one is making a cost/benefit analysis that the benefits outweigh the negatives and at the most, actually helping the symptoms that can be (at least by the propagandistic viewpoint common to our society) caused by cannabinoid medications. In simple terms, what could cause mild memory problems in a healthy person can actually improve memory issues (and other symptoms) in a neurologically challenged person.

It's time we started using science as a barometer and not social mores or beliefs that are unfounded and incorrect to develop our laws; it's like "practicing" medicine in the modern age while using 17th century text books as a guide.

Also, I do want to mention that since the main aspect of this story regarded this man's poor medical care since being thrown into jail, it is AMAZING to me that this could happen. A man who is quadraplegic and needs a ventilator is put into jail?!?!?!?!? All over the medical usage of marijuana?!?!?! What was the justification? Was he going to "damage" himself by using marijuana? Compared to being put into a jail system without proper medical care, this is a non-argument. Where is the common sense? Have we gotten to the point where people can no longer use their intelligence and have abrogated the entire sum of their brains to the pursuit of blind allegiance to the "LAW" that they can no longer realize an obviously medically dangerous situation (at least to those with a few brain cells left after their coke binge parties? ...an attorney privilege ya know!)

This leads to the issue of whether Washington D.C. should have it's own judiciary since it is obvious that these decisions are overly influenced by the reigning politics within D.C.; if I lived there and had to go through something like this, I would seriously question whether I would get a "fair" trial living in D.C.

This is what happens when we let business and big money run our country.

Good post

But is is more that we allow politicians to let big business and big money run our country.

I have a patient, also a

I have a patient, also a quadriplegic, who smokes marijiuana for intractable muscle spasms. Even the marijiuana does not eradicate the spasms 100%. I have tryed medical marijiuana, Marino, did not work. Arsenal of medications for spasms, baclofen, valium, flexeril.....all useless and just put him to sleep.
There are times when this (pot) should be used medically. As a doctor I would prefer prescribing Pot over oxycodone any day.

medical or not

I don't care if it was for medical use or not. The guy is a quad. What type of threat did he possibly pose to anyone? It is not like he was going to get high and drive a car. The judge should have given him a $25 fine and suspended it for one day of unsupervised probation. Then she should have told the prosecutor and cop not to do it again! I hope the final screams and cries of this young man keep that bitch from going to sleep every night.

sick judge

What differance does it make what he died of, he would not have died if he had the proper care or they would not have settled.

The really sick people are the ones who continue to prosecute people over outdated pot laws.

Once again . . .

the public pays, and the murderers go on to kill again. And again.

another myth debunked

MYTH:
no one has ever died as a result of using marijuana

TRUTH:
Jonathan Magbie died as a result of using marijuana

myth

correction on the myth debunked:

no one has ever died as a result of using marijuana

Jonathan Magbie died as a result of marijuana being illegal...not from using it...another prohibition linked death

Excellent point

He died because the SYSTEM wouldn't ALLOW him to use the marijuna he needed!

So now it's what, 13 states have legalized medical marijuana? That's 1/4 of the COUNTRY supporting the LEGAL MEDICAL BENEFITS of this plant.

And in all 13 states, folks continue to be harassed, oppressed and victimized by a federal government that's supposed to be PROTECTING them!

Disgusting indeed.

why can't 'Judge' Retchin be charged with reckless endangerment?

Seriously. Does she have immunity from such a charge? Do they have such a crime in DC? Any lawyers out there who know? She really should be charged with negligent manslaughter.

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