Medical Marijuana patient is on hunger strike facing trial in Colfax WA – Tyler J Markwart
The Defendant Tyler J Markwart has initiated a hunger strike as of Midnight December 4th, 2011 in the Medical Marijuana case of Washington State vs Tyler J Markwart…trial starts December 12th at 9am in Colfax, WA. Please call the Prosecutor and let him know that disabled and terminally ill patients deserve access to medicine and that prosecuting disabled persons is a waste of resources.
Status update on Tyler’s facebook page on December 5th 2011, day two of his hunger strike.
Woke up this morning with an inflamed liver, bad intestinal spasms, extremely bad nausea and fatigue. I am assuming I have already started to lose weight as I haven’t eaten in 31 hours…Day two of the hunger strike has begun!
When I asked him more about his condition on facebook, because as I noted to him, “your condition appears to be sever”, his reply was:
I do have a severe condition, I suffer from Irritable bowel syndrome and Gilberts Syndrome. I can send you some more information in a bit I just need to lay down for a minute or two…
I know how this feels. I have been through arrest, prosecution, and all of the rest. While my condition is not the same, nor is it as debilitating as Tyler’s condition, my vascular problems and headaches did leave me in a position where it was hard to eat, and hard to even move for that matter. The stress of prosecution and having your whole life turned upside down will cause similar symptoms in even the most healthy human.
My heart goes out to Tyler, and we will be sending prayers and good wishes his way.
Tyler J Markwart is sending the following letter to Whitman County Judge David Frasier and Prosecuting Attorney Bill Druffel.
Letter to The Honorable Judge David Frasier and Prosecuting Attorney Bill Druffel
At the commencement of trial No. 11-1-74-0, Your Honor had ordered the Defendant Tyler J Markwart to stop the medicinal consumption of Cannabis, which had been recommended by the Defendants Physician Dr. Margaret H. Hockenberry, ND on 8/20/2010 for medical use to relieve debilitating symptoms associated with Irritable Bowel Disease and Gilberts Syndrome. The Defendant followed the court order and as a result this led to a medically documented debilitating weight loss accompanied bye other debilitating symptoms including intestinal spasms, intestinal bleeding, nausea, diarrhea, dehydration, jaundice, anxiety attacks, depression and an overall decreased quality of life. The following week at the next court hearing Your Honor reinstated the Defendant’s medical rights according to RCW 69.51a. This is a quote from the ORDER on April 29, 2011.
“NOW, THEREFORE, it is hereby ORDERED as follows: the defendant may possess and consume, pursuant to all valid permit, marijuana for personal use only.” Signed by all parties involved including Your Honor, Prosecutor Druffel, Attorney for the Defendant Steve Martonick and the Defendant Tyler J Markwart.
Washington State RCW 69.51a provides a Washington State resident with an affirmative medical defense in court after being arrested. RCW 69.51a does not legalize the possession of Cannabis for these Washington State qualifying resident’s, instead as previously stated it allows that Washington State medical patient the affirmative medical defense in court after they have been arrested and processed as a criminal for possessing a Schedule 1 Controlled Substance (which automatically adds an FBI number to that patient before they even go to trial, all because they have been part of a non-violent felony drug charge).
Therefore it is the Defendants understanding of the law that even though he has been medically recommended by his personal physician to consume Cannabis for its medicinal benefits, it is still currently illegal for him to posses Cannabis at any given time, including the consumption of Cannabis either in edible form, transdermal cream, lotion or patch, or by smoking or vaporizing under Washington State law RCW 69.50.401(1). The Defendant Tyler J Markwart has no intention of breaking Washington State Law regarding the illegal possession and consumption of Cannabis as a Schedule 1 substance, which according to the law and this court has no medically accepted value within the United States, even though Your Honor acknowledged that there is a medical use of Cannabis when Your Honor reinstated the Defendants medical rights.
The Defendant is announcing to the court his choice to refuse medical treatment involving the consumption or possession of Cannabis for MEDICINAL use as recommended by his Washington State authorized medical professional due to the illegality of the possession of Cannabis under Wasahington State RCW 69.50.401(1). The Defendant expects to return to the hospital within 5-7 days due to the same debilitating symptoms, which occurred during the beginning of this trial.
Your Honor & Prosecutor Druffel, the Defendant has been consuming Cannabis daily for over 17 years, no other medicine works as efficiently, effectively and as safely as Cannabis does. As a disabled person I have the right to access medicine, which leads to a benefit in my life condition under the Declaration of Independence’s phrase:
“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.”
Washington State RCW and the findings of Your Honors dismissal of the Defendants Motion to Dismiss, have continued to state that there is no medical benefit to Cannabis, while the Defendant has clearly presented the court with factual information stating that there is medicinal value from Cannabis. In the Defendants opinion Your Honor has already acknowledge the medicinal value of Cannabis by reinstating the Defendants medical access to Cannabis, the Defendant is now entering this letter to notify the court that a hunger strike is also in effect along with the Defendants intent to stop consumption of his medical Cannabis which is against the medical recommendation of his physician. The Defendant Tyler J Markwart has initiated a hunger strike as of Sunday December 4th, 2011 to highlight the ineffectiveness of the War on Drugs at controlling drug consumption, distribution, manufacturing, and abuse within our communities. The Defendant asks Prosecutor Druffel to drop the pending charges against the Defendant Tyler J Markwart as the defendant poses no threat to the community or any individual’s personal welfare or property. Pursuing a conviction of the Defendant will not enhance the security of the community nor will it provide justice to a victim in this victimless crime that has occurred, but it will only worsen the quality of life that the Defendant is already trying to manage. There is a time to set aside politics and protocol when the welfare of a human being is in danger. This is one of those times.
Tyler J Markwart
See more about Tyler’s case at his facebook page; Here