How are we making our country safer by throwing people like Jerry Duval in prison? In June, the 53-year-old Michigan resident will begin a 10-year sentence while the Department of Justice continues trying to seize his farm, since apparently prison just isn’t enough. The reason? Medical marijuana. Of course.
If ever there were a case for medical marijuana, it’s Jerry Duval. As a result of juvenile diabetes he has had a kidney transplant and a pancreas transplant, he has glaucoma, and he suffers from neuropathy (nerve damage that causes pain and has no cure or specific treatment). His strict medical regime included medical marijuana as a vital component in pain management. Complying with Michigan state laws, which allow medical marijuana, Duval’s two adult children ran two greenhouses on the farm and each served as caregivers to five patients, including their father.
True to form, none of this could be presented at trial. State laws are considered irrelevant in federal trials, and medical conditions, no matter how serious, could not be presented for consideration. Duval’s biggest concern post-conviction is his treatment, especially the pain he can expect. Medical marijuana “tremendously helped the neuropathy, especially in the evenings...Without it, I don't know what's going to work for the neuropathy."
In one tiny victory, the DOJ will allow Duval to serve his sentence in a federal facility that can meet his medical needs. This should be a given, but it’s far from it. In a similar case, 68-year-old Richard Flor died during his five-year sentence when the DOJ ignored his attorney’s health-related warnings. Still, the DOJ originally ignored the judge’s recommendation for Duval and sentenced him to a standard federal prison.
Duval plans to appeal his conviction, as does his son. One part to their appeal is a claim of entrapment. In September 2010 a local law enforcement officer visited Duval’s farm, made recommendations to improve it, and signed off on its compliance with Michigan’s law. A few months later that officer went to work for the DEA and was involved in the subsequent raid on Duval’s property. That’s quite some coincidence.
Duval’s daughter was not charged because “prosecutorial discretion was used,” according to Gina Balaya, a spokeswoman for the U.S. Attorney's office that handled the case. Good to know they have some – but where is this discretion the rest of the time? Why don’t they use it when faced with people like Jerry Duval? He is harmless, sick, and about to spend 10 years in needless suffering.
