Indiana Chapter of the National Organization to Reform Marijuana Laws (NORML)

INDIANAPOLIS – The Indiana Court of Appeals on Wednesday tossed out the conviction of a North Webster man found to have marijuana in his system when he struck and killed a Fort Wayne resident on a motorcycle in 2002.

Michael Wiggins was convicted in 2003 of operating while intoxicated causing death because a test on his urine revealed marijuana metabolites.

But the appellate court found that police didn’t have probable cause to order a hospital screening of his blood and urine.

Wiggins was driving north on Main Street in North Webster the afternoon of Aug. 4 when he turned left into a gas station, hitting Terry Wilson, 40, of Fort Wayne, who was driving a 1988 Harley-Davidson in the southbound lane.

Wilson suffered serious head injuries and died that day. His nephew was on the motorcycle with him and suffered a broken leg. Neither was wearing a helmet.

Wiggins, 22 at the time of the accident, also was found guilty of operating while intoxicated causing serious bodily injury because of the passenger’s injuries. The second conviction was also tossed out.

He never served his 11-year prison term because a Kosciusko County judge ordered a stay of the sentence in December while the case was appealed.

It is the second recent case in which the Indiana courts have made clear police can’t forcibly test blood or urine of someone involved in a serious or fatal accident without probable cause.

“I was afraid of this,” said Phillip Wilson, older brother to Terry Wilson. “That’s a weird idea of justice.”

Oral arguments in the case were heard at Concordia High School in October, and Wilson said he and other family members had been awaiting the ruling.

“We all miss him. I look at a picture of him every day,” he said. “There is still a lot of grief going on with some of the family members.”

Michael Reed, attorney for Wiggins, said his client cannot be tried again because of the double-jeopardy rule.

“He’s relieved,” Reed said of Wiggins. “He feels terrible about what happened, irrespective of whether he did something criminal or not.”

According to the court ruling, Kosciusko County Sheriff’s Deputy Jon Tyler responded to the accident scene and did not observe any physical signs of intoxication. He did have difficulty ascertaining Wiggins’ physical condition because he was receiving medical treatment at the time.

Tyler said Wiggins was confused on several questions the deputy asked regarding his address and vehicle insurance.

The police did not ask Wiggins to consent to a test under Indiana’s Implied Consent Law and ordered the hospital to test the man’s blood and urine without his knowledge as part of the department’s standard policy after serious accidents.

“Without some objectively observed clear indication of intoxication, such asdilated pupils, telltale odor or failed field sobriety tests. … Wiggins’difficulty in answering Deputy Ty-ler’s questions under these circumstances is not significant enough, by itself, to provide the probable cause required for the blood and urine tests.”

It is unclear whether Kosciusko County still uses the same procedure because a message for the sheriff was not returned Wednesday.

Fort Wayne police regularly take blood draws from those involved in accidents causing serious bodily injury or death, department spokesman Mike Joyner said.

He said that police don’t need probable cause or a warrant if the person refuses because of Indiana’s Implied Consent Law, which says a “person who operates a vehicle impliedly consents to submit to the chemical test provisions of this chapter as a condition of operating a vehicle in Indiana.”

The appeals court decision specifically notes the chapter of law Joyner referenced, but says “there is no language … that authorizes an officer to forcibly take a blood sample if actual consent to a chemical test is not obtained.”

The opinion went on to say that police officers may generally draw blood from a driver without a warrant or consent if they have first developed probable cause to believe the driver is intoxicated.

Allen County Prosecutor Karen Richards acknowledged that probable cause must exist to compel a sample, and said the local law enforcement agencies are following the law.

Two of Indiana’s Gubernatorial Candidates Say They’ll Back Medical Marijuana

After the recent gubernatorial debate, Republican Mitch Daniels and Libertarian Kenn Gividen responded to questions from the Southern Indiana chapter of the National Organization for the Reform of Marijuana Laws concerning Medical Marijuana. Daniels says he will conditionally back Medical Marijuana in Indiana, in his words, “if guaranteed it wouldn't lead to recreational use.” Daniels said he realizes the importance of Cannabis (Marijuana) as a medicine.

Libertarian Candidate Kenn Gividen stated unequivocally that he would work with Indiana NORML “100%” and help us change the laws once elected. The Libertarian Party has long supported the idea of reforming the laws regarding Cannabis/Hemp/Marijuana.

Democrat incumbent Joseph Kernan did not make himself accessible to the public after the debate. His campaign staff did not respond to our questions.

Neither Indiana NORML nor our Indiana affiliates endorse a particular candidate for any office. However we would like to point out which candidates do support our positions.

Several major studies conducted both in the U.S. and abroad have proven the usefulness of Marijuana as a medicine. The Federal Government supplies 7 people with Marijuana in the US for their medical needs every month. 10 States have already approved Medical Marijuana for use. Indiana law makes it a criminal offense, punishable by incarceration, if someone uses this proven beneficial plant as medicine.

Indiana NORML urges Indiana politicians and citizens to honestly discuss marijuana law reform in our state. The laws as they stand make criminals out of our sick and dying, as well as otherwise law-abiding citizens. It is an unwanted burden to taxpayers, police, prisons, and our court system. 70% of Americans support a fine only for responsible use of marijuana. Isn’t it time our politicians’ start listening to us?

This is a summation of what happened 04/06/2004 between the Marijuana Policy Project's Rob Kampia and Indiana Congress member Mark Souder.

Marijuana and Medicine: The Need for a Science-Based Approach

Yesterday, the Marijuana Policy Project's Rob Kampia testified at a hearing of the U.S. House subcommittee whose chairman called him "an articulate advocate for an evil position" at their last such encounter, in March 2001. The Government Reform Subcommittee on Criminal Justice, Drug Policy, and Human Resources Chairman Mark Souder (R-IN) is one of the House's most vehement opponents of medical marijuana. Testifying about "Marijuana and Medicine: The Need for a Science-Based Approach," Kampia pointed out that Souder clearly does not care about a science-based approach, as he continues to ignore all science on the subject. Please visit http://www.mpp.org/hearing to watch a video of Kampia's oral testimony or to read his written testimony. At the bottom of this message, you can see that we need to raise hundreds of thousands of dollars in order to continue our work in Congress and on other projects this year. Please visit http://www.mpp.org/donate0920 to make your most generous donation today. Yesterday's hearing was intended to be a witch hunt. There was no bill being discussed, and there is no related bill that will be moving through this committee. (MPP's medical marijuana bill, H.R. 1717, is pending in the Judiciary committee). Kampia's oral testimony gave a no-holds-barred critique of the multiple ways in which current federal policies continue to obstruct and delay scientific research into the medical uses of marijuana -- and pointed out Souder's hypocrisy in ignoring all science on this issue, including the Institute of Medicine's report and even a U.S. General Accounting Office report he himself requested. Kampia rebuked Souder's claims that "there are no generally recognized health benefits to smoking marijuana," telling the subcommittee: "It *is* generally recognized -- the American Nurses Association, the American Public Health Association, the American Academy of Family Physicians, and dozens and dozens of other organizations recognize marijuana's medical value. ... Unfortunately, this is not a scientific issue but a political issue, and therefore, because of the obstruction of science, we are going to keep moving forward politically, and we are going to keep passing state bills and state initiatives until the majority of states cry out to the federal government to fix the federal problem." Referencing DEA administrative law judge Francis Young's statement that prohibiting medical marijuana use would be "unreasonable, arbitrary, and capricious," Kampia closed by saying: "Mr. Souder, to the extent that you are not helping research to go forward and to the extent that you continue to oppose our legislative efforts, your position on medical marijuana is in fact, as the DEA said, unreasonable, arbitrary, and capricious. Thank you." The hearing was a stark contrast to Souder's last hearing on medical marijuana in 2001, when he and his Republican colleagues attacked Kampia mercilessly. This year, none of Souder's Republican colleagues showed up, and Souder himself avoided Kampia almost entirely, asking him only one question. When Kampia approached Souder after the hearing and asked to take a photograph with him, Souder refused and complained that MPP is still publicizing his earlier attack on Kampia -- "you are an articulate advocate for an evil position" ... a statement that he said he still believes is true. Testifying along with Kampia were: Nora Volkow (director of the National Institute of Drug Abuse), Robert Meyer (director of the Office of Drug Evaluation II at the FDA's Center for Drug Evaluation and Research), Patricia Good (chief of the DEA's Liaison and Policy Section, Office of Diversion Control), James Scott (Oregon Board of Medical Examiners), Joan Jerzak (chief of enforcement of the Medical Board of California), Dr. Claudia Jensen, and Dr. Robert DuPont (Institute for Behavior and Health Inc.). If you support the work MPP is doing to rein in out-of-control legislators like Souder, please visit http://www.mpp.org/donate0920 and make a financial contribution today. Sincerely, Steve Fox Director of Government Relations Marijuana Policy Project Washington, D.C.