My son Michael is facing a class 4 felony charge (Citation LB493711) for having one Nebraska grown hemp brownie in his possession in June of 2015.



Please sign this petition to have this complaint declined!



Here is what we know:



On January 28, 2017 Michael was arrested and jailed in Jefferson County, Colorado after being pulled over for a traffic violation. Unknown to him, he had an outstanding warrant that was issued in Lancaster County, Nebraska on May 13, 2016 for a citation that the Lincoln Police Department had declined to file criminal charges for on November 9, 2015.



The letter from Lancaster County Attorney, Joe Kelly on November 9, 2015 states, “This letter is to advise you that, based upon the information we currently have, this office has declined to file criminal charges against you for that citation at this time. Therefore it will not be necessary for you to appear in court for arraignment. If charges are filed against you at a later date, you will be notified by this office.” The citation reads: Possess Marijuana, 1 oz or less – 1st offence.



Six months later, April 15, 2016, another letter was sent to Michael’s Colorado address from Lancaster County Attorney, Joe Kelly. This letter, which was not received due to a change of address was sent to notify him of a complaint that was filed against him regarding the 2015 case. The letter informed him that it was necessary to appear in court and to report to the Lincoln Police Department Identification Unit. Not knowing anything of the matter, he failed to appear and a warrant was issued for his arrest.



The prosecuting attorney on the case, Mr. Chris Seifert, informed me that they had reason to believe that the single brownie tested positive for THC (tetrahydrocannabinol), the psychoactive constituent of cannabis.



Mike made this brownie from Nebraska ditch weed (better known as hemp) for the medicinal CBD (cannabidiol) properties, of which Mike uses to treat his diagnosed chronic encephalitis. Mike has reason to believe that his viral infection came from an exposure to toxic mosquito sprays (permethrin) that are sprayed twice a week during the summer in his home town when Mike is known to be foraging and eating food grown in his family’s garden. Mike also has reason to believe that the medicinal properties within the hemp helps relieve him of the life threatening inflammation within his brain and spinal cord.



Michael is aware of the pharmaceutical power to stop legalization of cannabis and is opposed to taking pharmaceutical medications.



Of course, I have many concerns:



1. Why was he released before testing was completed? I want to see results from an independent lab test or to have a retest done from test lab in order to confirm concentrated levels of the controlled substance within the Nebraska hemp brownie.



2. What are the details of the testing? Why would a single brownie, made for the purpose of consuming CBDs qualify him for a felony charge? With legalization in several states since mid 2015 people are becoming more and more aware of the medicinal healing properties of this plant. Michael foraged the hemp from where it grows uncontrollably in ditches and fields around his home town in Nebraska. In my opinion, this case is a waste of taxpayer dollars. What exactly is the crime here?



The prosecuting attorney informed me that the citation was changed from Possess Marijuana, 1 oz or less – 1st offence to Possession of a Controlled Substance because it was a brownie and that it is a concentrated form of the controlled substance. Stores in various states with different laws can sell edibles (concentrated forms of THC) right along with the cannabis they are selling. Over the years, I have been sympathetic of the people in prison for marijuana charges and the family members who suffer along with them. Now that I'm one of them, I can't sleep at night knowing my son is deprived of his medicine and sitting in a jail cell -- on top of that, facing a felony charge and fines.

He was told he might not be extradited back to Nebraska until March. In my opinion, each day in jail is a waste of this 25-year-old’s life.



Please stop for a minute to sign the petition to have this frivolous complaint declined.