Shona Banda

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Shona Banda (1978 or 1979) [1] is a Kansas resident of Garden City and medical cannabis rights advocate who was arrested for possession of cannabis in 2015. Her arrest and seizure of her child sparked a debate regarding cannabis in Kansas.

Contents

Arrest

Shona Banda was a massage therapist working out of a local health food store. A sufferer of Crohn's disease since 2002, [2] Banda stated that she illicitly used medical cannabis, which is illegal in Kansas, which eased her symptoms and allowed her to work and raise her son. Prior to commencing use of medical cannabis around 2010, Banda says she suffered from exhaustion and walked with a cane, but found that cannabis alleviated her symptoms. [3]

In early 2015, her fifth-grade son advocated for the utility of medical cannabis during a drug education presentation at school, and admitted his mother's use. The school contacted authorities, and on 24 March Banda was met outside her home by local police officers and child social workers who questioned her, and later returned with a warrant. They searched Banda's home, finding two ounces of cannabis oil and drug paraphernalia, arrested Banda, and seized her child. [3] [4] In an affidavit, officers stated that they seized "over a pound of marijuana, multiple smoking pipes, three vaporizers that were actively manufacturing cannabis oil and multiple other items related to weed packaging and use." [5] Banda's son was taken into custody, and later released to his father, also a Garden City resident, who is divorced from Banda. [5] [6]

In June 2015, Banda was charged with five felony counts of possession of marijuana with the intent to distribute, manufacturing Tetrahydrocannabinol, an oil extracted from marijuana, two counts of possession of drug paraphernalia and one count of child endangerment. She stated that she would voluntary turn herself in on June 15. [7]

Court cases

Gag order

In April 2015, a judge placed a gag order on the proceedings regarding custody of Banda's son, and any subsequent child in need of care (CINC) hearings. [8]

Postponement

In July 2016, a judge agreed to the defense's request to postpone the trial to give the defense more time to prepare, pushing the arraignment back to 29 July. Banda stated "My life is on the line, and I would like (the postponement)." [1]

Lawsuit

In January 2016, Banda stated an intent to file a motion that the state had violated her Fourth Amendment rights in obtaining a warrant to search her home, and that authorities had spoken to her son without parental consent, and based their warrant on that information. At a 2015 hearing, a Garden City police detective testified that he had not sought parental permission prior to his 48-minute interview of Banda's son.

In March 2016, Banda filed a lawsuit against Garden City School District, Garden City police department, the state of Kansas and Governor Sam Brownback; the Kansas Department for Children and Families, and several employees and leaders thereof. In December 2016, her suit was dismissed, with the judge stating that Banda had failed to respond to the defendants' "prima facie valid arguments." [9]

Competency

In November 2016, the judge granted a mental competency evaluation at the public defender's request, and in January 2017 it was found that Banda was competent to stand trial. [10]

Plea

In April 2017, Banda pleaded not guilty to all charges against her; her trial was scheduled for June 26–29, 2017. Dr. David Allen and Dr. Robert Melamede, both medical cannabis supporters, filed to be allowed as expert witnesses. [11] [12]

In August 2017, Banda pleaded no contest to possession of drug paraphernalia with intent to manufacture. As part of her plea agreement, the other charges were dropped, and Banda was sentenced to 12 months of "mail-in probation", allowing her to complete probation while living in Spokane, Washington. [13]

Reaction

The founder of the medical cannabis advocacy group Bleeding Kansas stated: "We are terrified... We are outraged. We are heartbroken. Many are planning to move." Rep. John Rubin (R-Shawnee) noted that Banda's case provides a "textbook example of why we need to seriously consider changing the laws in the state of Kansas with regard to marijuana and especially medical marijuana." [14]

By May 2015, over 84,000 people from across the United States and ten other countries had signed an online petition supporting Banda. By the same time, a GoFundMe account raised $40,000 for Banda's defense. [3]

Conservative radio pundit Glenn Beck criticized the "smugness" of the arresting officers, and questioned the utility of prosecuting cannabis offenses. [3]

Related Research Articles

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Laura Jean Kriho was an American cannabis legalization advocate and was also known for her part in a jury nullification trial in the mid-1990s. Kriho was also involved in the Cannabis Therapy Institute and in the push for the adoption of Amendment 20 in the Colorado Constitution. She advocated against Colorado Amendment 64, however, which she viewed as not true legalization. She petitioned the state with her own cannabis legalization language but never went for ballot title/signature collection.

Legal history of cannabis in the United States Aspect of history

The legal history of cannabis in the United States pertains to the regulation of cannabis for medical, recreational, and industrial purposes in the United States. Increased restrictions and labeling of cannabis as a poison began in many states from 1906 onward, and outright prohibitions began in the 1920s. By the mid-1930s cannabis was regulated as a drug in every state, including 35 states that adopted the Uniform State Narcotic Drug Act. The first national regulation was the Marihuana Tax Act of 1937.

Medical cannabis in the United States

In the United States, the use of cannabis for medical purposes is legal in 36 states, four out of five permanently inhabited U.S. territories, and the District of Columbia, as of November 2020. Twelve other states have more restrictive laws limiting THC content, for the purpose of allowing access to products that are rich in cannabidiol (CBD), a non-psychoactive component of cannabis. There is significant variation in medical cannabis laws from state to state, including how it is produced and distributed, how it can be consumed, and what medical conditions it can be used for.

Cannabis in California Legal for medical use and recreational use

Cannabis in California has been legal for medical use since 1996, and for recreational use since late 2016. The state of California has been at the forefront of efforts to liberalize cannabis laws in the United States, beginning in 1972 with the nation's first ballot initiative attempting to legalize cannabis. Although it was unsuccessful, California would later become the first state to legalize medical cannabis with the passage of the Compassionate Use Act of 1996. In November 2016, California voters approved the Adult Use of Marijuana Act to legalize the recreational use of cannabis.

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Timeline of cannabis laws in the United States Historical list in chronological order of U.S. cannabis law

The legal history of cannabis in the United States began with state-level prohibition in the early 20th century, with the first major federal limitations occurring in 1937. Starting with Oregon in 1973, individual states began to liberalize cannabis laws through decriminalization. In 1996, California became the first state to legalize medical cannabis, sparking a trend that spread to a majority of states by 2016. In 2012, Washington and Colorado became the first states to legalize cannabis for recreational use.

Cannabis in South Dakota

Cannabis in South Dakota will be legal for medical use on July 1, 2021, having been legalized by a ballot initiative on November 3, 2020. Prior to then, cannabis was illegal for all purposes, with South Dakota being the only U.S. state which outlawed ingestion of controlled substances. Testing positive for cannabis can be a misdemeanor offense. South Dakota would have become the first state in US history to legalize recreational and medical cannabis simultaneously, but an amendment legalizing recreational marijuana that was approved in the same election was struck down as unconstitutional the following February. However the ruling by the state judge can be overruled by a higher court.

Cannabis in Kansas

Cannabis in Kansas is fully illegal, and possession of even small amounts is a misdemeanor crime. Cannabis is only legal in Kansas in the form of THC free cannabidiol oil, also known as CBD.

Cannabis in West Virginia

Cannabis in West Virginia is illegal for recreational use. Possession of small amounts is a misdemeanor crime.

Cannabis in Oklahoma

Cannabis in Oklahoma is illegal for recreational use, but legal for medicinal purposes with a state-issued license, while CBD oil derived from industrial hemp is legal without a license.

Cannabis in Missouri

Cannabis in Missouri is illegal for recreational use, but decriminalized through legislation passed in 2014. Medical use was legalized in 2018 through a ballot initiative to amend the state constitution. The first licensed sales began in October 2020.

Cannabis in New Mexico

Cannabis in New Mexico is legal for medical use and illegal for recreational use, but decriminalization went into effect in July 2019. A bill to legalize recreational use passed the House in March 2019 and again in February 2021. On March 31, 2021, a special session of the New Mexico State Legislature approved a marijuana legalization bill; it is currently waiting on the governor's signature.

Cannabis in Maryland

Cannabis in Maryland is legal for medical use and illegal for recreational use, but the possession of 10 grams or less is decriminalized. In 2012, a state law was enacted to establish a state-regulated medical marijuana program. The program, known as the Natalie M. LaPrade Maryland Medical Cannabis Commission (MMCC), became operational on December 1, 2017.

Cannabis in Ohio

Cannabis in Ohio is legal for medical use and illegal for recreational use, but since 1975 possession of up to 100 grams has been decriminalized, however. Several of the state's major cities have also enacted further reforms.

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Cannabis in Washington, D.C.

Cannabis in Washington D.C. is legal for both medical use and recreational use for possession, personal use, cultivation, and transportation, but not for sale. The drug was fully legalized in the District following a 2014 ballot referendum, the United States Congress exercises oversight over the government of the District of Columbia, preventing the local government from regulating cannabis sales like other jurisdictions with authority derived from a U.S. state.

The cultivation and use of cannabis in the Philippines is illegal under Republic Act 9165 or the Comprehensive Dangerous Drugs Act of 2002. As the Philippines is a signatory to the 1961 United Nations Single Convention on Narcotic Drugs, Cannabis is classified as a Schedule I drug, which limits its use to medical and scientific purposes. Marijuana is the second most used drug in the Philippines, after shabu (methamphetamine), and most cultivation in the country is for local consumption. Cannabis is cultivated mostly in the remote, mountainous regions of Luzon and Mindanao

Glossary of cannabis terms Wikipedia glossary

Terms related to cannabis include:

Robert Edward "Ed" Forchion Jr., also known as NJWeedman, is an American Rastafari cannabis rights and free speech activist, Perennial candidate, actor, writer, and restaurateur. He is the founder of the Legalize Marijuana Party.

References

  1. 1 2 Maresh, Michael (January 11, 2016). "Defense seeks more time in Banda case; arraignment postponed until July". The Garden City Telegram . Retrieved September 15, 2018.
  2. ↑ Kahn, Santiago (January 9, 2017). "Banda defends her medical marijuana use". KSN-TV. Ksn.com. Retrieved April 27, 2017.
  3. 1 2 3 4 Bradley, Donald (April 30, 2015). "After state takes child, Kansas woman is at center of national marijuana debate". Kansas City Star . Retrieved April 27, 2017.
  4. ↑ Balko, Radley (April 17, 2015). "State seizes 11-year-old, arrests his mother after he defends medical marijuana during a school presentation". The Washington Post. Retrieved April 27, 2017.
  5. 1 2 Dunn, Gabriella (July 23, 2015). "Records detail medical marijuana advocate Shona Banda's extensive pot use in her Kansas home". The Kansas City Star . Retrieved September 15, 2018.
  6. ↑ Maresh, Michael (December 30, 2015). "No. 1: Banda raises issue of medicinal marijuana". The Garden City Telegram . Retrieved September 15, 2018.
  7. ↑ Schulte, Brigid (June 8, 2015). "Mom who uses medical marijuana faces up to 30 years in prison". The Washington Post. Retrieved April 27, 2017.
  8. ↑ Haflich, Angie (April 20, 2015). "Gag order placed on custody proceedings; police seek charges against medicinal marijuana advocate". The Garden City Telegram . Retrieved September 15, 2018.
  9. ↑ Margolies, Dan (December 27, 2016). "Judge Tosses Lawsuit By Kansas Marijuana Activist Who Lost Custody Of Her Son". KCUR 89.3 . Retrieved September 15, 2018.
  10. ↑ Minton, Mark (January 17, 2017). "Judge rules Banda competent to stand trial". The Garden City Telegram . Retrieved September 15, 2018.
  11. ↑ Minton, Mark (April 7, 2017). "Banda pleads not guilty; medical cannabis experts testify". The Garden City Telegram . Retrieved September 15, 2018.
  12. ↑ Kahn, Santiago (April 7, 2017). "Banda's lawyer presents expert witnesses to the court". KSN-TV. Ksn.com. Retrieved April 27, 2017.
  13. ↑ Minton, Mark (October 13, 2017). "Banda sentenced to 12 months probation". The Garden City Telegram . Retrieved September 15, 2018.
  14. ↑ Marso, Andy (June 9, 2015). "Charges against Garden City mother enflame cannabis community". The Garden City Telegram . Retrieved September 15, 2018.
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