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Uncertainty continues to cloud medical marijuana card-holder's bond conditions

Posted at 9:16 PM, Dec 13, 2019
and last updated 2019-12-13 22:17:28-05

KANSAS CITY, Mo. — The Trenton, Missouri, man who was arrested for drug possession despite having a state-issued medical marijuana card is free on bond and no longer has to wear a GPS tracker, but still face an uncertain future.

Jamie Wilson, 48, requested a bond modification from a Daviess County judge Wednesday during a court appearance related to his Nov. 1 arrest by a Missouri State Highway Patrol trooper.

The judge, who released Wilson on his own recognizance, granted the removal of his GPS tracker after his attorney argued he wasn’t a flight risk.

However, Wilson remains “subject to all of the standard 43rd Judicial Circuit conditions of bond” with one notable addition. He must wear a “drug patch.”

Wilson’s attorneys had requested the court also drop the drug patch requirement, but Judge Ryan Horsman denied that request.

Now, Wilson and his attorneys, who need further clarification from the court, plan to file a motion next week for specifics from Horsman.

As a medical marijuana card-holder, Wilson is legally allowed to possess and smoke marijuana under state law with a doctor’s prescription.

That begs the question whether the court-ordered drug patch will test for THC and if Wilson could find himself in violation of bond conditions for smoking weed legally.

Wilson — who was charged with marijuana possession and child endangerment, because a grandson was in the car when he was arrested — is due back in court at 9 a.m. on Jan. 15.

He initially bonded out, but wound up back in jail with a $75,000 bond after a failed drug test.

Horsman reverted his bond back to $10,000 on Wednesday and allowed him to have contact again with his grandson, but he has yet to rule about whether Wilson can smoke weed while out on bond. A decision is expected by Dec. 19.

Missouri voters made medical marijuana legal in the state with the passage of Amendment 2, Article XIV in November 2018.

Wilson is the first medical marijuana card-holder arrested for possession since Missouri began issuing the cards in November.

Members of the NITRO Drug Task Force followed Wilson from Trenton to Independence, where law enforcement believes he bought eight ounces of marijuana.

On the return trip to Trenton, the trooper pulled Wilson over for allegedly cutting off a semi tractor-trailer. He was subsequently arrested for possession.

According to the Missouri Department of Health and Senior Services:

"Article XIV established several protections for possession of medical marijuana, and it is the interpretation of DHSS that card holders are currently authorized to possess medical marijuana, but ultimately, the interpretation of how Article XIV protections apply during any given time period will be up to law enforcement and the courts.

“We do currently have a work group with representation from law enforcement agencies to address and work through these types of concerns as we continue to implement this program in Missouri."

MSHP Troop H Sgt. Jake Angle said to avoid arrest a citizen should show law enforcement their medical marijuana card.