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Dateline – American Samoa
On September 11, 2015, United States Citizen and Colorado Resident Brian Loma arrived on the island of Tutuila in the Territory of American Samoa, where he intended to work on problems of plastic pollution and beach mitigation on the island. Plastic pollution in Pacific Ocean regions exceeds 78 tonnes of waste, and there are dozens of local and international entities throughout the South Pacific seeking to develop remedies to this global catastrophe.
Mr. Loma is a recovered crack
cocaine addict who suffers from chronic carpel tunnel and
arthritis-like pains in his wrists due to injuries he sustained in a
2014 bicycling accident. In the course of this accident, both of his
wrists were severely broken, the left requiring extensive
reconstructive surgery. His right wrist sustained multiple major
fractions but did not require surgical repair. Mr. Loma also
struggles with minor scoliosis of the spine, an additional source of
persistent pain.
Additionally he was in a motor
viechle accident on August 29, 2015 with a motorcyclist on a stolen
motorcycle that totaled the viechle he was driving.
Mr. Loma, a registered medical
marijuana patient in his home State, traveled with his
lawfully-prescribed, legally-obtained medications from Denver,
Colorado to Pago Pago, American Samoa. His journey took him through
three separate airport security systems as he traveled to study the
infrastructure of recycling programs in Hawaii. Upon arrival in
American Samoa, Mr. Loma and his fellow passengers on the incoming
flight were screened by canine-unit officers working with
drug-detection dogs. After passing his initial examination, Mr.
Loma, of Latino and Caucasian descent, was subjected to a second
screening. It is alleged that during this second screening, the
canine alerted to a scent on Mr. Loma's hand, which had been used to
consume a cannabis or marijuana joint 13 hours prior to the
screening. Based on this alleged positive screening, agents
sequestered Mr. Loma and searched both his carry-on and checked
baggage where they subsequently found small quantities of the
processed medications containing tetrahydrocannabinol (THC) that
have been lawfully prescribed to Mr. Loma for pain relief. Agents
also tested a package of colored “SweeTarts” candy which they then
claimed was cocaine, the color of the candy being the same as the
positive indicator from the testing kit. While transferred to local
police, tests for cocaine were omitted from all police and agency
reports. Mr Loma believes that this effort to “prove” he was
carrying cocaine was made solely for the purposes of intimidation to
get him to submit to police interrogation.
Mr Loma was detained for the
possession of the controlled substance marijuana and turned over to
local police, where he was further interrogated and eventually
booked for the same possession. In American Samoa, the penalty for
possession of a controlled substance is a minimum incarceration of
five years, and/or the assessment of a fine of $5,000 (US), plus
permanent felony status. Felons are restricted in their ability to
vote, to possess firearms for recreational sporting or
food-gathering purposes, and to participate in legal activities such
as assisting in the creation of laws through ballot initiatives.
These are all activities in which Mr. Loma has participated over the
course of his adult life.
On September 14, 2015 Mr. Loma did
not contest his possession of the medical cannabis and he was
processed to the High Court of American Samoa, where he was informed
his “real lawyer” would be assigned. On September 15, Mr. Loma met
with his assigned Public Defender for the first time. Despite the
fact that Loma insisted on protecting his rights to a speedy trial
and requested a bond reduction hearing, neither option was pursued
by the Public Defender's office who simply scheduled a continuance
for 30 days as the immediate remedy.
Two weeks later, without benefit of a preliminary meeting with Loma, his assigned Public Defender presented him a vague verbal plea agreement. Despite Loma's pleas that the substances found in his possession were in fact prescription medications, for reasons unknown the Public Defender failed to request such potentially exculpatory evidence as Loma's medical records.
Unsatisfied with the effectiveness and level of representation provided by his court-appointed Public Defender, Mr. Loma complained to the judges during his third court appearance on October 26 that his legal representation was not effective, as there had not even been a motion for bond reduction filed on his behalf. The court then accepted a statement by the assigned Public Defender that such a motion would be filed by the end of that week. This motion for bond reduction was heard in the High Court of American Samoa on November 15, more than 60 days after Mr. Loma's detention began. While the bond amount was reduced from $20,000 to $7,500 on this date, no paperwork was provided. An initial trial date of March 8 and a secondary date of May 19 were scheduled. At a March pre-trial conference prior to the initially-scheduled date, it was revealed by the Public Defender that he hadn't even begun preliminary preparations for trial and had no intention to do so until some time in April. In addition to this shocking revelation, the paperwork legally reducing Loma's bail was not processed by the office of the Public Defender until March 7, 2016, nearly four months after the court giving its approval.
It was at this point that Loma
determined he could not receive a fair trial without the support of
a funded legal representative. After six months of involuntary
confinement without quality representation, Mr. Loma retained the
services of private counsel. A defense strategy is being prepared
based on existing Supreme Court rulings supporting Constitutional
Rights, combined with a Necessity Defense to travel with medications
based on availability and medical need. To assist with the expense
generated by well over100 hours of legal research that has already
begun, we ask for your financial assistance to support this vitally
important defense campaign.
Medical marijuana is currently
available in 24 states and the District of Columbia. There are now
other states with bills before their Legislatures to legalize
medical marijuana this year. The movement to further its general
acceptance as a safe, non-addictive alternative to harsh and
addictive prescribed pain killers continues daily. Recent strides
have been made in Congress to make this medicine available to our
veterans, who also need to avoid the detrimental effects of highly
addictive controlled prescription drugs. Findings by a variety of
agencies bolster Mr. Loma's defense, such as the following facts
presented by the Center for Disease Control:
“Overdose is not the only risk related to prescription opioids. Misuse, abuse, and opioid use disorder (addiction) are also potential dangers.
-
In 2014, almost 2 million Americans abused or were dependent on prescription opioids.
-
As many as 1 in 4 people who receive prescription opioids long term for noncancer pain in primary care settings struggles with addiction.
-
Every day, over 1,000 people are treated in emergency departments for misusing prescription opioids.”
(CDC, 2016 -
http://www.cdc.gov/drugoverdose/data/overdose.html
)
If you agree that medical marijuana should be recognized as medication and permitted to be transported legally under the same considerations as any other lawfully-provided prescription, we strongly urge you to support this campaign. In order to cover the legal fees which will be incurred in mounting this defense, we are seeking to raise $4,000 (US). Any donated monies in excess of this amount will be applied to any miscellaneous costs and/or fines that may be generated during the preparation of this case, and for direct living expenses for Mr. Loma as he is mandated to remain in the Territory of American Samoa until this matter has been concluded.
These are groundbreaking times in the ongoing effort to attain widespread recognition of the validity of cannabinoid-based medications, lawfully prescribed and administered under the careful direction of licensed medical doctors. However, as Mr. Loma's case makes clear, the fight is far from over. This matter has the potential to establish new legal precedent with respect to the treatment of medical cannabinoid recipients, not only in far-flung American Samoa but elsewhere. Patients deserve the right to receive and utilize whatever treatment their doctors deem best, no matter where in the country they happen to be, without fear of criminal repercussions. Your support can help bring us closer to that goal.
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