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| Charges Against Aaron Paradiso Dropped! |
| MICHAEL FITZGERALD, Record Columnist - Feb 1, 2006: "San Joaquin's highest-profile medical marijuana case went up in smoke Tuesday, and the futility of prosecuting it suggests Stockton's leaders better rethink any legally shaky resistance to California's medical marijuana law. After three long years, possible aerial surveillance, a raid, "safe access" demonstrations at City Hall, celeb attorneys, news at 11 and who-knows-what costs to taxpayers, the DA on Tuesday dropped all pot-related charges against Aaron Paradiso."...Read the full article |
| About Aaron Paradiso |
Aaron Paradiso's Story
In 1998, Aaron Paradiso was the victim of a devastating car accident. The injuries he suffered immediately transformed the life of the healthy20 year old, permanently paralyzing him below the neck. Suddenly a quadriplegic, Aaron's whole world changed. He could no longer care for himself in any practical capacity, as he now required a great deal of assistance with even the most basic tasks of living. Aaron's mother Debra, along with various other part-time attendants, became integral in helping him to cope with his medical condition and perform the necessary chores of daily life. He was suddenly without his health, without his independence, and without the ability to engage in many kinds of physical affection that are crucial for the human spirit. Never again could Aaron give a hug to a loved one or know the joy of holding his baby daughter in his arms.
These hardships were formiddable, but they were not the end of the challenges that Aaron faced following his accident. Although completely paralyzed, he began suffering from frequent muscle spasms and faced the ironic cruelty of feeling severe pain from a body which he could no longer use or move. Aaron was prescribed pharmaceutical drugs to alleviate these health problems, and with these prescription medications came the new problem of dealing with negative side effects. While searching for a better way to manage his health, Aaron discovered that medical cannabis not only calmed his convulsions and eased his chronic pain, but also reduced his need for the prescription drugs that had themselves been causing him a variety of health difficulties. Following this discovery, Aaron took all the necessary steps to ensure that his cannabis use was in compliance with state law. He obtained the doctor's recommendation that is required for medical use under Proposition 215, which was passed by California voters in 1996. When Aaron proceeded to grow his own medicine, he called the District Attorney many times to get information on the legal limit of cannabis plants that patients can grow in San Joaquin County. Repeatedly, Aaron was told that there were no growing limits in the county, and so he was left to continue solely at his own discretion. This was well before the passage of Senate Bill 420, which became effective New Year's Day of 2004 and legally established guidelines within California for regulating the cultivation of medicinal cannabis.
Once Aaron was growing his own medicine, his outlook became a little bit brighter. He had found a safe and effective remedy that carried no negative side effects. In addition, he could have the convenience of legally cultivating his medicine at home, a factor which is crucially important to those with limited mobility. With the help of his assistants, he began baking with cannabis in order to ingest his medicine as food, which eliminates the possible health risks of inhaling smoke. Aaron's activities, though legal under state law, were not without the occasional intervention of law enforcement. In 2001, Sheriff's deputies came to Aaron's property and examined his garden. After their inspection, however, they left without incident or consequence. It was not until August 2003, when Aaron was growing fewer plants than he had two years before, that deputies came to the property and confiscated his medicine. 52 plants were seized, along with processed cannabis that was ready for use as medication. Suddenly, without any clear reason or motivation, Aaron was facing criminal charges. This was the beginning of an illogical case that has become so ludicrous that it might be humorous were it not so horribly destructive.
The loss of the cannabis itself was tremendously damaging for Aaron. He was depleted of his medicine, and, to make matters worse, he was denied safe access to obtaining any more medicine because he lives in a county that has put a moratorium on medical cannabis dispensaries. Aaron and his attendants have been forced to get cannabis by making frequent trips all the way to the San Francisco Bay Area, where medical cannabis dispensaries are locally permitted. These trips are costly and difficult for Aaron and his loved ones. The hardship and expense could easily be avoided if Aaron had simply been allowed to keep the medicine he has a legal right to use, or if San Joaquin County would lift its moratorium and allow medical cannabis dispensaries. Both options seem like natural and compassionate solutions, but evidently the authorities in San Joaquin County disagree. Instead, they continue to block safe access to legal medication and persist in prosecuting the sick and disabled.
Following the search and confiscation, Aaron, Debra, and another attendant were all charged with "marijuana cultivation and possession for sale." These charges are not only unnecessary, but also lacking in justification and legitimacy. The growing was done by and for documented cannabis patients, for which protection was established in California's Proposition 215. Any judgment about the number of plants grown by the Paradisos is purely a subjective matter, since there were no legal limits at the time. The prosecution, however, makes the false allegation that Aaron abuses the law that protects the legal right to his medicine. Kate Fowlie of The Stockton Record reported on 9/28/03 that "authorities say Paradiso was growing much more than he needed and is using the law as a cover for a commercial operation." This accusation appears immediately nonsensical and completely unfounded when one looks at the facts. Aaron was growing cannabis for himself and four other people who are documented medical users of cannabis, thereby engaging in a legal patient/caregiver relationship that is set forth in Proposition 215, and later clarified further by Senate Bill 420. This is an arrangement in which a handful of medical patients are allowed to reasonably reimburse a caregiver for the labor and materials required for growing the cannabis, which is hardly an enterprise of substantial commercial profit. Aaron's motive is not one of profit. He's simply trying to live a life in which he can manage his pain effectively, and also help others who are suffering with medical conditions for which cannabis provides relief. As part of his effort to come to the aid of other medical cannabis patients, Aaron has donated his surplus crops to a dispensary in the Bay Area. This act in itself contradicts the accusation of commercially-driven activities, as well as any attempt to even make a profit. The evidence of his charity is apparant, while the evidence of commercial enterprise is conspicuously absent. As Jeffrey Barker wrote in The Stockton Record on 10/16/04, "[Deputy District Attorney Phil Urie] presented no evidence that Paradiso had sold marijuana -- no large amounts of cash, accounts of sales or pagers that are typically found in drug busts."
In addition to the drug-related allegations, Aaron was also charged with "illegal possession of firearms." Prosecutors point to the fact that Aaron is legally prevented from having a firearm until he is 30 years old, as the result of a juvenile conviction. The guns in question, however, are the property of Debra, who lives with Aaron and acts as his primary caregiver. This legal technicality, however, obscures a point that should be very obvious -- as a quadriplegic, Aaron is not able to fire a gun, much less even hold one. In light of these facts, the firearms charges seem to hold no purpose or logic, but this has not stopped the prosecutors from pressing the charges stringently. As a result, the Paradisos were brought to trial in September 2004. Shortly into the proceedings, however, the case was dismissed and the charges were dropped. The prosecution was undeterred by the setback. The District Attorney immediately refiled, and on October 15th, 2004, Aaron and Debra were ordered to stand trial once again. Click here to read the Record article
This is the legal battle the Paradisos are currently facing. This time around, the prosecution, led by Deputy District Attorney Phil Urie, appears to be putting a greater weight on the firearms charge. This shift in focus occurred most visibly during the time period before the U.S. Supreme Court struck down the 9th Circuit Court ruling in Raich v. Ashcroft, in which the lower court had granted an injunction to prevent the government from interfering with the right of patients to use medicinal cannabis. Perhaps this new degree of attention to Aaron's firearms charges, as opposed to the previous focus on the marijuana cultivation and posession charges, was a reaction to the 9th Circuit Court's ruling in favor of medical cannabis patients. Those prosecuting the Paradisos may be attempting to create another distraction from the inherent injustice of forcing Aaron and his mother to face two trials for the exact same charges. Indeed, justice does appear to be arbitrary here. The charges were dismissed during the first trial because the proceedings were being run in a way that unfairly favored the prosecution, with a magistrate judge preventing the defense attorney from cross-examining a witness. The Paradisos were unfairly tried once, and now it appears as though they may be unfairly tried again. The charges began as an unnecessary dispute over Aaron's legal medicine, and have expanded to include a firearms charge that addresses the concern of a danger that is no longer even relevant to him.
The rules of civilized society must adapt to the needs of the circumstances -- otherwise, citizens can be burdened and harmed by laws that have become irrelevant and obsolete. The firearms posession charge against Aaron Paradiso is a fitting illustration of this concept. Whatever claims the prosecution makes, the fact remains that this man cannot even pick up a firearm. In this case, adhering fanatically to literal law makes our society look foolish... and when the sick and disabled are targeted, it makes our justice system appear unforgiveably cruel.
Written for Aaron Paradiso by Vanessa Nelson
Created on 12/15/2005 10:29 AM by aaron
Updated on 12/04/2008 12:28 PM by aaron
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