Charges Dropped Against M.S. Patient

April 20, 1998 - Marijuana Policy Project

Washington, D.C. -- At their arraignment in D.C. Superior Court today, marijuana possession charges against multiple sclerosis patient Cheryl Miller and her husband, Jim, were dropped. On the morning of March 30, 1998, Cheryl Miller, who is severely disabled, used medicinal marijuana in U.S. Rep. Jim Rogan's (R-Calif.) office with the help of her husband and caregiver, Jim Miller. Both were arrested and subsequently charged with possession of marijuana, an offense punishable by up to six months in jail.

     The Millers committed this historic act of civil disobedience to protest against House Resolution 372. The resolution, which the House is expected to address within the next two weeks, states that the House is "unequivocally opposed to legalizing marijuana for medicinal use" and "urges the defeat of State initiatives which would seek to legalize marijuana for medicinal use."

     This was the first time that anyone has ever been arrested for using medicinal marijuana in a congressional office building. Furthermore, the vote on House Resolution 372 will be the first-ever congressional vote on medicinal marijuana legislation.

     "Eating marijuana relieves my pain and spasticity," said Cheryl Miller. "We were arrested, locked up, fingerprinted, and charged with marijuana possession. We were willing to serve a six-month sentence, but the court was afraid to uphold this bad law."

     "We were arrested in an act of nonviolent civil disobedience to protest House Resolution 372," said Jim Miller, Cheryl's husband and caregiver, who fed her the marijuana in Rep. Rogan's office in front of more than 20 television cameras.

WHY ROGAN?

     "We targeted Rogan because he betrayed patients," said Jim Miller. "Rogan supported medicinal marijuana in the past, but now he supports upholding the laws that cause patients like Cheryl to be arrested and imprisoned."

     Rogan voted for favorable medicinal marijuana legislation in the California legislature in 1995. However, in the U.S. House Judiciary Committee on March 4, 1998, Rogan voted for the resolution that "unequivocally" opposes medicinal marijuana.

     "Tens of thousands of patients nationwide are using medicinal marijuana," said Chuck Thomas, director of communications for the Washington, D.C.-based Marijuana Policy Project. "The federal penalty is up to one year in prison for a joint -- and up to five years for a plant. Congress should remove criminal penalties for patients like Cheryl Miller, instead of proclaiming its `unequivocal' opposition."

     "Rogan is trying to weasel out of this controversy by saying that he supports medicinal marijuana in some situations, but he voted for a resolution that states `unequivocal' opposition. You can't be partially `unequivocally' opposed," said MPP's Chuck Thomas.

     "Moreover, the protest was primarily about House Resolution 372, not Congressman Rogan," said Chuck Thomas. "We picked Rogan in order to send the message that we will target not only the congressional leadership, but everyone who votes for this cruel legislation."

TIME FOR NONVIOLENT DIRECT ACTION

     "Patients across the nation are being punished for using medicinal marijuana," said Thomas. "Here in Washington, under the scrutiny of the public eye, the government is too afraid to prosecute. This sends the message that it's safe to protest against the federal laws by using medicinal marijuana in Washington, D.C. We anticipate much more civil disobedience in the near future."

     "I was tired of living in fear of being arrested," said Cheryl Miller. "Patients like me need to confront their fears. It's better to get arrested in Washington for protesting to change the laws than to get arrested in our hometowns where we will surely be prosecuted and punished, with no greater good accomplished."

ABOUT CHERYL AND JIM MILLER

     Cheryl Miller, age 51, was diagnosed with multiple sclerosis in 1971. She and her husband Jim live in Silverton, New Jersey. Cheryl has taken all of the standard prescription drugs for her condition. She had to stop taking Dantrium, because of liver toxicity, and injectable steroid ACTH, because it is no longer available due to several harmful side effects. She still takes baclofen and other drugs -- all of which have harmful side effects.

     In 1992, Cheryl's neurologist prescribed Marinol, which consists of THC, marijuana's primary active ingredient, in a gelatin capsule. "The THC pill helps, but not as much as eating marijuana," said Cheryl Miller. "My doctor told me that he would prescribe marijuana if it were legal, but he was afraid to put anything in writing."

     Because Cheryl cannot move her arms, her husband Jim feeds her the marijuana. Cheryl eats marijuana to avoid the harm that marijuana smoke may cause in the respiratory system. Unlike the THC pill, marijuana contains 60 other active chemical compounds, called cannabinoids, several of which have been shown to be effective at treating pain and spasticity.

     Cheryl's demonstration has received extensive television news coverage, including ABC's _World News This Morning_; Fox News Channel's _Fox News Now_, and dozens of local news programs across the nation. Video footage of the demonstration appeared on-line as the AP video of the day on March 31, 1998 (http://www.mpp.org/millers.html). Other coverage included a photo in _USA Today_ and an article in the _Los Angeles Times_.

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