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Elderly Bluffton Man Charged for Growing Marijuana in His Yard

shutterstock_75267487Man Arrested on Drug Charges for Growing Marijuana in His Yard

A 66-year-old Bluffton, SC resident has been arrested on drug charges after police discovered more than 100 marijuana plants in his yard.

Frank Dennis Peters reportedly turned himself in on Tuesday, June 11th, after investigators found 137 marijuana plants growing in his yard on May 30th. Peters told investigators on Wednesday, June 12th, that he had been growing the marijuana to help his wife, who suffers from several painful medical conditions.

Peters said that his wife of 40 years suffers many medical conditions, including fibromyalgia and chronic obstructive pulmonary disease, and she is on several medications to help her conditions. However, the side effects of the medications can sometimes be just as bad as the diseases themselves. Peters says that marijuana helps both her ability to sleep and eat.

“I have a moral obligation to make my wife as comfortable as possible,” he said.

Reportedly, Peters’ neighbors called the police to report what they believed to be marijuana growing in his backyard. Peters denies the reports, saying his neighbors were unconcerned with the plants – he believes a guest at a recent party at one of the neighbor’s homes notified police.

Peters cooperated with the sheriff’s office, allowing them to collect samples of the plants for analysis. Peters also admitted to the investigators that he had been growing marijuana for personal and medicinal use.

Police have allowed Peters to make arrangements for his wife’s care, as he is her sole caregiver. He said that she rarely leaves the house, and needs help taking all her medications, which are required every few hours.

Investigators said that, when they confirmed that the plants were marijuana, he turned himself in.

According to a law passed in 1980, medical marijuana is technically legal in South Carolina, but only if it is also legal at the federal level, and only if it is dispensed by the Department of Health and Environmental Control.

DHEC has never distributed marijuana, regardless of use, and there are no plans to change the law.

Marijuana Use, Even As Medicine, Is Still Illegal in South Carolina

Medical marijuana has gained in popularity throughout the country over the last several years. Clinical studies suggest that medical use of marijuana can help greatly with pain management for terminal illnesses like metastatic cancers, and can also help increase appetite, reduce nausea, vomiting, and insomnia. Some studies suggest that the drug can also help ease conditions like asthma, neurogenic pain and movement disorders, and glaucoma.

Recently, House Minority Leader Tim Rutherford proposed that South Carolina change their drug laws and allow for medical marijuana use, citing several studies that suggest that using marijuana in small doses can help patients who suffer long-term chronic illnesses like fibromyalgia or cancer.

The problem with Rutherford’s suggested amendment, however, is that marijuana use, even for medicinal purposes, is not legal at all on the federal level. DHEC can, as of a law in 1980, choose to dispense marijuana, but only if the federal government OK’s the drug’s use. States like Oregon, Colorado, and Washington, which recently passed legislation declaring marijuana legal, face potential federal court battles in the future.

Rutherford contends that, because the Obama administration said that it would not actively prosecute people who use marijuana, that is tantamount to declaring marijuana use legal on the federal level.

If You Face Marijuana Charges, Including for Marijuana Use, The Strom Law Firm Can Help

If you or a loved one have been found with medical marijuana, you could face criminal charges ranging from misdemeanor to felony, depending on how much marijuana was on your person, and what your intent was with the drug. The drug crimes attorneys at the Strom Law Firm can help. Do not let drug charges for medical marijuana hurt your reputation or your future aspirations. We offer free, confidential consultations to discuss the facts of your case. Contact us today for help. 803.252.4800