Wednesday, August 18, 2010

Anniston Man Finds One States Medicine is Another's Illicit Drug

ACC member and patient Michael Lapihuska finally got his story in the Anniston Star. Michael is in a terrible situation. Please read this article and then write a letter to the editor demanding charges be dropped and that Michael be released. Send your letters to

Anniston man finds one state’s medicine is another’s illicit drug

by Laura Camper
Star Staff Writer

Michael Lapihuska, a former Anniston resident, is facing a jail sentence and two years probation for bringing his prescription with him from California to Alabama when he came home for the holidays last December. The problem — his prescription was for marijuana.

Lapihuska was arrested Dec. 15, when a police officer stopped him on McClellan Boulevard near Walmart for hitch hiking. The officer searched him, found a prescription bottle of marijuana in his pocket and asked Lapihuska to take it out.

When Lapihuska complied, he was arrested for possession despite the doctor’s recommendation he presented to the officer.

“I understand that I broke the law, but the law was wrong,” Lapihuska said. “If I would have had OxyContin or Xanax, morphine, anything like that, and walking down the street, the police would have just gave me my prescriptions back and let me walk.”

Read more: Anniston Star - Anniston man finds one state’s medicine is another’s illicit drug


sixstring said...

It's been around 20 years since the Alabama courts ruled that there is no medical neccessity defense in Alabama for marijuana because of the Therapeutic Research Act. Maybe they would take another look now since the TRA has never been operational and is defunct per the Alabama Board of Health. A jury should at least get to hear this as a defense and make up their own minds. I hope Michael has a good lawyer.

sixstring said...

It says Michael was convicted of possession here before. That means this second offense could be a felony.
I guess he'll take some kind of plea deal. He can't afford to go to trial and risk a felony conviction and lengthy prison sentence. They will probably let him plead to a misdemeanor and give him probation and maybe small jail time.
Too bad, because he could be the poster child for medical mj in Alabama if he gets enough publicity and maybe even establish the right of Alabamians to present a medical neccessity defense to a jury. If we had this right, I don't think there is a jury in Alabama that would convict someone who could show a legitimate medical use.

Schnitzel_Republic said...

The comical side of this story is that he's right about OxyContin. I would make a estimate that throughout the entire state of Alabama...there's probably over 250,000 folks who are taking the drug legally or illegally. It's the fastest growing "accepted" drug in the state. Guys have high school football injuries or work-related injuries...and they try OxyContin. It fact, so well, that they make their daily drug and probably will never get off the drug.

The cops just look the other way because it's totally accepted. And no one will dare suggest a urine test for every suspected driver under the heavy influence of OxyContin.

So my bet that more folks will be on maximum useage of OxyContin than regular Marijuana usage within five years.