FORT PIERCE, FL -- Angel Hernandez lives in West Palm Beach, but Monday he was in a St. Lucie County courtroom fighting a drug charge.
Ten years ago Hernandez was diagnosed with Multiple Sclerosis; a situation girlfriend Crystal Arroyo said is difficult to say the least.
"He has attacks where he jolts and whites out completely," said Arroyo.
In 2003, Hernandez began using marijuana and in 2005 stopped his other medications, relying solely on marijuana to alleviate his MS symptoms.
In court Hernandez claimed, "There is no prescribed medication that would not make my MS worse."
Last year, Hernandez was pulled over in St. Lucie County where 6 grams of pot was found.
Monday, his attorneys were in court arguing a medical necessity defense for the marijuana and asking for a new trial.
"We're not asking anybody to legalize marijuana, we're not asking to set Hernandez free," said Brian Mallonee. "We're asking for a jury trial based on the merits of Hernandez’s medical condition."
Hernandez already was found guilty in one non-jury trial and did not purchase the pot through any medical channels. Prosecutors pointed out that under state law pot use under medical supervision does not meet accepted safety standards.
Defense attorneys countered that 14 other states have enacted laws protecting patient access to marijuana. In the end, Judge Phillip Yacucci denied a defense request to allow a medical expert to testify and sentenced Hernandez to a year’s probation.
Judge Yacucci told Hernandez, "This is not something you can not do. You need to talk with a physician of your choice and find another solution."
Attorneys for Hernandez plan to appeal today's decision to the appellate court.
