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Congress Shares Blame For D.C. Medical Marijuana Patient's Death
Suit Filed Today Highlights Prison Neglect, But Congress Made Quadriplegic's Death Possible

Washington, DC Sept 20, 2005 -- A lawsuit filed today by the family of Jonathan Magbie focuses on neglect by District of Columbia jail officials leading to the 27-year-old quadriplegic's death in custody one year ago, but Congress must share in the blame, officials of the Marijuana Policy Project said today.

Magbie used marijuana to ease the pain associated with his paralysis, which was the result of being struck by a drunk driver at age four. Magbie was convicted of possession of a single marijuana cigarette. Though eligible for probation, he was sentenced to 10 days in the D.C. Central Detention Facility—in part because he told officials that he would continue to use marijuana because it made him feel better. He died in custody, apparently because officials failed to provide essential care. Magbie's mother, Mary Scott, is seeking compensation in a suit filed today in U.S. Court for the District of Columbia.

"Jonathan Magbie's agonizing death was completely unnecessary," said Aaron Houston, director of government relations for the Marijuana Policy Project in Washington, D.C. "The jail and hospital officials who were negligent must be held accountable, but Congress also bears a major share of responsibility for this tragedy. Magbie was a disabled patient whose use of marijuana for pain relief would have been legally protected if the medical marijuana initiative overwhelmingly approved by District voters in 1998 had been allowed to take effect. Because Congress intervened to block the democratic rights of District voters, Jonathan Magbie went to jail and died for simply trying to ease his pain."

In November 1998, District of Columbia voters approved a medical marijuana measure, Initiative 59, with 69% of the vote. The "Barr Amendment," sponsored by former U.S. Rep. Bob Barr (R-GA) not only blocked the measure from taking effect, but kept a subsequent medical marijuana initiative off the District ballot.