Iowa cancer patient avoids prison for growing medical marijuana

A judge on Tuesday gave probation rather than a prison sentence to an Iowa man convicted of growing marijuana, which he said he had been using to treat his terminal cancer.

Judge Henry Latham chastised 48-year-old Benton Mackenzie for knowingly violating Iowa law by growing 71 marijuana plants in a trailer outside his parents' home in Long Grove, Iowa. The judge said that growing so many plants would not be legal even in states that allow medical marijuana, which Iowa does not.

But Latham said he was using his discretion to keep Mackenzie free so he could receive medical treatment for angiosarcoma, a rare cancer of the blood vessels that has caused large skin lesions on his buttocks. The judge suspended a 15-year prison sentence – including a mandatory minimum of three years behind bars – and issued a three-year term of probation.

The judge warned that Mackenzie must be substance-abuse-free while on probation, and could be sent to prison for violating that term.

"You are a man with intelligence and passion. I hope you can put your efforts to a more constructive use than to continue to violate the laws of this state," Latham said.

Mackenzie, who entered the courtroom in a wheelchair, told the judge he felt he had no choice but to break the law. He said the treatment from cannabis oil had made some of his tumors disappear since he was first diagnosed seven years ago. He added that he felt justified ignoring laws that "take away my right guaranteed by the constitution to my life."

"I have lasted seven years on a disease that takes people who don't get treated in two years. And people who go through the traditional methods, they last three years. So basically I have proven the decision I made was the right one, to save my life," he said.

He wore loose-fitting sweatpants that covered large skin lesions and appeared to grimace in pain at times.

Prosecutor Patrick McElyea had recommended a sentence of probation for Mackenzie, noting "his physical condition and the illness he is dealing with."

The prosecution has outraged advocates of medical marijuana, who gathered before the sentencing at a park near the courthouse to air their views.

"People shouldn't have to go to jail for trying to treat themselves," said 25-year-old Chris Davis of Rock Island, Illinois, a former employee of a medical marijuana dispensary in California.

The judge was also expected to sentence the defendant’s wife, 43-year-old Loretta Mackenzie, and their 23-year-old son, Cody Mackenzie.

All three were charged following a June 2013 raid at the Long Grove, Iowa, home where they live with Mackenzie's parents. Sheriff's deputies found 71 marijuana plants, growing equipment, drug paraphernalia and a small amount of marijuana in Cody's room.

At trial, Latham repeatedly barred Mackenzie from testifying about his cancer, noting that a medical necessity defense is not allowed in Iowa.

Jurors in July found Mackenzie and his wife guilty of manufacturing marijuana, as well as related charges. Their son was found guilty of misdemeanor possession of marijuana.

A new Iowa law allows some patients with severe epilepsy to use cannabis oil for treatment, but it does not apply to cancer patients and did not help Mackenzie. After the trial he traveled to get treatment in Oregon, one of 23 states that permit medical marijuana.

Scott County Attorney Mike Walton has defended the prosecution, saying he is enforcing the state's marijuana laws as they are written. He said that Benton Mackenzie has two prior felony drug convictions from 2000 and 2011, making him a "habitual offender."

Walton's office recently dropped charges against Mackenzie's parents, Dorothy and Charles, who are in their 70s, of hosting a drug house.

The Associated Press