Man who says he grew drug for pain relief facing jury
By Darrell Glover
Seattle Post-Intelligencer, December 31, 1996

The fate of a Seattle man who claims he uses marijuana as a medical necessity to alleviate pain from a motorcycle accident is in the hands of a jury.

The case plunges King County Superior court jurors into the hot debate over medical use of marijuana, which votes in Arizona and California have approved but the federal government is fighting.

Martin Carlos Martinez is charged with one count of manufacturing marijuana. He was arrested when Seattle police served a search warrant on Martinez's home at 1811 20th Ave. Feb. 5, 1996.

Officers found 17 mature marijuana plants, 23 starter plants and growing equipment in the attic, charging papers said. [incorrect plant count reported here]

Martinez testified during his trial that he uses marijuana to alleviate pain in eyes and head and to help him speak, drink, eat and breath easier. He didn't deny growing the marijuana, and said it was for his own use and not for sale.

"Here's the bottom line: Martin Martinez needs marijuana to live," said his attorney, Alison Chinn, in her closing argument yesterday.

Martinez suffered head and internal injuries when his motorcycle was struck head-on in September 1986. He spent nearly 3 months in a hospital and underwent 11 operations. He has difficulty seeing because one is weak and the other eye doesn.t track correctly.

Martinez has taken morphine and other painkilling drugs, but they don't work as well for him as marijuana, Chinn said. She said that he has suffered side effects from the drugs prescribed for him.

While he was in the hospital, another patient told him to try marijuana and it worked, Chinn said.

In California and Arizona, "people have told their legislators marijuana should be used for medicinal purposes", Chinn added.

Washington State has been struggling with the issue since 1979, when the legislature allowed doctors to prescribe marijuana to a limited number of patients. However, any physician who participated, was threatened with federal prosecution, so the study didn't get very far.

The Washington State Medical Association this fall adopted a resolution supporting the state effort to study medicinal marijuana.

A statewide poll conducted earlier this year by Evans/McDonough found that more than 75 percent of those polled approved of making marijuana available to patients who need it.

Taking matters into his own hands about 2 years ago, Martinez decided to grow plants for his own use, Chinn said, because buying it was costing him $10,000 to $20,000 per year. Chinn said Martinez uses marijuana to stay productive in his $80,000-a-year business managing apartments and remodeling homes. He smokes three to five grams a day, she added.

King County Deputy Prosecutor James Louie said Martinez has admitted growing marijuana: "He's guilty, but he's asking you not to convict him because of his accident injuries", Louie told the jury. "But his injuries shouldn't have a bearing on this case", Louie said.

Louie said that Martinez has not tried to get Marinol, a derivative of marijuana that can be legally prescribed for medicinal purposes.

But Chinn said that Marinol is usually only prescribed for cancer patients and not obtainable for pain.

The jury received the case late yesterday afternoon. It will resume deliberation today.

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