Posted on October 24, 2008 · Posted in Brain Injury

Date: 10/23/2008 1:26 PM

SILVER CITY, N.M. (AP) _ A woman was told to move out of her apartment when the landlord discovered she has marijuana for medical use.

Bobbie Wooten, 47, uses a wheelchair because she was paralyzed from the waist down in a car crash several years ago and suffers severe spasms. She joined the state’s medical marijuana program when it went into effect last year.

A management representative for Silver Cliffs apartments did a surprise inspection Tuesday and spotted two marijuana plants she has for medical use under a state license, Wooten said. She said the representative returned a short time later with a notice that she had three days to move.

A spokesman for the Arizona realty company that manages the Silver City complex told the Las Cruces Sun-News that the eviction is within the terms of the lease.

“My lease provides for a drug-free environment,” said David Kotin of Kay-Kay Realty. “Obviously, she is in violation of my lease.”

Wooten, who has lived in the complex for 6½ years, said Thursday that managers have since asked for a copy of her state license for the marijuana. She said she hasn’t looked for another place yet.

“There aren’t that many places that are wheelchair accessible,” said Wooten.

State Health Department spokeswoman Deborah Busemeyer said patients in the medican marijuana program can possess up to four mature plants, 12 seedlings and up to six ounces — enough marijuana for a three-month supply.

“We have never had a case like this where someone was told to move out,” Busemeyer said.

The state law that took effect in July 2007 allows patients to be licensed to take marijuana for pain or other symptoms of specified debilitating illnesses such as cancer, multiple sclerosis and spasms associated with spinal cord injury.


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Copyright 2008 The Associated Press.

About the Author

Attorney Gordon S. Johnson, Jr.
Past Chair Traumatic Brain Injury Litigation Group, American Association of Justice :: 800-992-9447