Drug Policy Forum of Florida | National/International Organizations

Testimony of a MMJ Patient, Joe Tacl

On September 7, 1993 Joe was involved in a motor vehicle accident in which he was struck as a pedestrian by a van. He was catapulted nearly 30 feet into oncoming traffic and landed on his thoracic area, He suffered from several spinal injuries during this accident and later required a posterior lateral lumbar fusion from L4 to SI with 32 inches of titanium. At the beginning of the surgery the doctor punctured Joe's lungs, radical steps were taken to stabilize him while they filled the lungs leaving a hematoma on his chest. Once this was completed the surgery that was to take between 4 to 6 hours took 12.

To date he suffers from: post traumatic stress syndrome, post traumatic Arthritis in multiple locations, degenerative joint disease, degenerative disc disease and severe nerve irritation that causes muscle spasms to go in constant cycles "locking up" in the upper part of the body. This includes the shoulders and the neck, accompanied by sharp pain in the mid thoracic to the upper thoracic, making holding a cup of tea difficult at times. He also suffers from muscle cramping that runs down the leg to the foot causing the feeling similar to stepping on a nail. Once he was hospitalized for his stomach because the narcotics had destroyed the digestive system causing it to completely shut down. He was unable to eat and lost a lot of weight. He was told in order to stay on the narcotics he would have to stay on antibiotics, even though they were not working and have been known to cause cancer.

In order to manage this kind of chronic pain he has tried all kinds of medicines and spent thousands doing so. He has tried muscle relaxers, anti-inflammatories, antidepressants, codeine, and percodan, to finally the 75- mcg fentanyl duragesic patches that are usually prescribed for cancer patients. Theses all created a terrible bacterial infection causing him to be hospitalized. Joe compared his symptoms to "malaria" type feelings hot, cold and clammy and unable to cat. He has had so many corticosteroid injections to all areas including the shoulders and elbows that they will no longer allow anymore, cortisone will eventually dissolve the bone and stays in the liver the rest of your life, Joe has tried the spinal stimulator that involved inserting wires from the lumbar region into the shoulder area, this was unsuccessful.

Dr. Trossel, a neurosurgeon from the Netherlands was able to give Joe the safest medical relief possible. His treatment consisted of neural therapeutic injections in the scar tissues and segmental areas as well as the central vertebral canal with procaine. Although this was a painful process, for the first time Joe felt the closest to normal he had since his accident. He then tested Joe for a nerve stimulator that sends messages to the brain interrupting the constant cycles of pain and depression, this is worn daily, unfortunately it is not available in this country. He was also given a prescription for medical grade marijuana of 450 grams, which is it 90-day supply of maximum 5 grams a day.

His doctor said his injuries warranted a prescription for heroin and that be would probably get through customs better with fewer hassles, and then told Joe to ask them if this wasn't true, if and when he got arrested. Joe was scheduled to return for a follow up treatment in three months unfortunately what the doctor said was true, Upon his arrival to Orlando International Airport he declared the very small amount of his medicine he tried to bring back and was arrested. He was then stripped and cavity searched by officers of U.S. Customs, while others tried to use his credit card to collect payment for a "crime" they had already convicted him of. Fortunately they were unsuccessful. Joe was forced to sign a promissory note that was signed by a fines, penalties and forfeiture officer, Mary Ann Crawford for $300.00 to avoid them repossessing his brand new Ford Mustang. After several hours an U.S. Marshal arrived he evaluated the situation and said he wanted nothing to do with it and left. Next they tried the Orlando Sheriff's Department, even asking an officer who had never done a "drug' bust to arrest Joe, he also refused. Their last chance was the Orlando Police Department; someone had to take responsibly for what had already happened, so they had to.

Under the U.S. Single Convention Treaty any person can carry his or her prescription to and from any country as long as a licensed physician writes it. Dr, Trossel gave Joe his home phone and told him he could be reached at anytime should they need to verify the prescription. Customs told Joe they were going to call but decided that physically and mentally assaulting him would be better. After several months and thousands of dollars the charges were dropped under what is called "Nolle Prosequi " meaning no prosecution. Unfortunately because he paid a small court fee he was unable to file charges against them.

Even though Joe's troubles were not behind him he went to the 1995 Hempfest in Gainesville Fl. He arrived to find over a hundred police walking through the crowds trying to intimidate and discourage the people from having a positive experience. At different times his feet were stepped on and he was shoved aside as he walked around, He went on stage and told his story of the Orlando arrest, and encouraged others to know their civil rights and when the police violate them to file charges against them, Shortly thereafter the police bombarded the stage to arrest Elvy Musikka a glaucoma patient who gets her medical marijuana from the government. They picked her up brutally and hauled her off stage while she was begging them not to hurt her; Joe was in their path and was elbowed by an officer down an the lumbar region and pushed aside. The Cannabis Action Network along with Joe and others have successfully sued the city of Gainesville and won. It is now in appeals and could exceed a quarter million dollars in court costs.

On May 18,1998 the Levy County Sheriff's D.E.A. Swat Team invaded the Tacl's home. A helicopter hovered 75 feet over the house while dozen police vehicles arrived. A bulldozer, a truck carrying herbicide for massive eradication and a fire truck all came to assist. Joe immediately began to video tape the event and was greeted by officers who did not have a warrant. He showed them his prescription and his ",Nolle Prosequi". Officer Rogers said it was toilet paper and did not care about his injuries. Joe his wife Anne and his 2 adult children one who did not reside at the house were all arrested for a handful of plants and approximately 30 grams of marijuana.

The police vandalized their home; they stole several thousands worth of silver coins and ingots (Morgan head dollars and coins of other denominations). A Northface backpack has never been found or is included in the inventory. Scuba gear was cut up and destroyed, a small television was thrown through the picture tube of another larger one. In addition they dug up the remains of their pet dog.

When they finished destroying the property they took the videotape that Joe had made of the arrest in an attempt to discredit him and manufactured their own from the family's video library. There was footage of the first of many flyovers since the day they moved in. They left several seconds of the helicopter footage during the May 18th arrest, which was clearly in violation of federal air space and added other flyovers that were in the library, none of the events leading to the arrest were left on that film. Officers at the arrest have testified that Joe did record much of what happened until they handcuffed him and took him away. Joe warned Officer Rogers that he was holding him personally responsible for whatever happens to his home and property because he would not let Joe take his keys with him to jail. They had no warrant at this time and didn't want to wait to get in the house. The original tape taken during the arrest has not been seen since, Tape numbers 12 and 7, one with their daughter's 20th birthday was also stolen. They continued to fly very low over their home for another year until May of 1999 when they were warned of the F.F.A. Regulation 91-119 that was going to be used against them in a court of law. April 6th, 1999 the Tacls filed charges against the Levy County Sheriff's Department; they are awaiting a response.

At the time of the arrest Joe and his son Michael were the only ones home, they were threatened with pepper spray several times. Joe was handcuffed and pulled around like an animal by the officer that transported him. Joe kept losing his balance and announced he was going to lie on the ground before he got hurt. When Anne arrived home from work she saw a warrant on the kitchen table stating that she to had been arrested. She called Ted Glass, the sheriff and asked if there was a warrant out for her arrest, he said no. She asked that Joe have his first appearance that day as he had just gotten out of the hospital. He told her that Judge Joseph Smith could not come back to the jail, when in fact he was there all the time. Anne also spoke to the nurse and told her that Joe would need his cane, a wheelchair, and a hospital bed and that his stomach medicine was at home, They told her that the arresting officer would come get it, Anne waited until midnight and took it to the jail herself.

The nurse called Joe's pain doctor and questioned him about the medicine Joe was taking, the doctor told her that in that kind of situation he wanted him back on morphine.

The nurse told Joe she could not give him morphine, as it is not allowed in the jail, Not only did she not follow doctors orders she wouldn't even give him his cane. The following day Anne and her friends Karen Whitted and Kevin Aplin went to the first appearance, Judge Joseph Smith would not allow Kevin in the hearing because he does not possess a driver's license. This clearly was a violation of his civil rights. Joe's bail was set at $12,500 and Michael's at $5000, Joe asked the judge why it was so much higher than it was in Orlando where he was charged $1,000 for 4 felonies- he was told he was being made an example of.

When Joe requested he get his metal box back that the officers took with the titles to his cars and home the judge asked why they took it, Joe could not answer that. The judge told Anne to go over to the jail and tell them to release the box, when she did the arresting Officer Rogers told her he did not have to listen to that judge. Mr. Rogers went on this way to get the box and when he returned he called Anne into the station and arrested her. The officers asked her where her daughter was and told her that she better get ahold of her and tell her to turn herself in or there would be a warrant out for her arrest. The following morning at around 5:00 a.m. Joe brought Michele into the jail as they requested and the officers said there was no warrant for her and sent them home. This was when they gave Joe his cane back; Anne had to identify it. Later files were charged against Michele even though she was not living at home. She wanted nothing to do with this nightmare so she went along with the state's plea bargain so that it would not interfere with school and work, this was with hesitation from her parents.

The state has made numerous attempts to offer Anne a plea bargain; she refuses and continues to struggle with nightmares even since the flyovers have stopped, The state canceled court dates 4 times now and has been warned that no more excuses will be allowed. The Tacls are looking forward to their day in court and the chance to see another "dirty cop" go to jail for the crimes he has committed against this family.

Joe has 2 written prescriptions-

Dr- Trossel, M.D., Preventive Medical Care Center, Rotterdam, The Netherlands. November 5, 199

Dr. Tod Mikuriya M.D. 1168 Sterling Ave., Berkley Ca. March 16,1999

Joe has 2 verbal recommendations:

Dr. Lester Grinspoon, M.D., Harvard Professor & and Renowned Author.

Dr. John Morgan,M.D., C.U.N.Y., World-renowned author and researcher of medical marijuana will be giving expert testimony at the trial.

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