Home»Legal Encounters»Texas man gets probation and is allowed to test positive for marijuana

Texas man gets probation and is allowed to test positive for marijuana

Jeremy BourqueA man from Port Acres has been given probation and is allowed to test positive for marijuana after he was arrested for growing cannabis plants at his home.

Jeremy Bourque, who suffers from severe seizures, has been treating himself with marijuana, which has greatly helped manage his seizure activity. Last April police raided his Texas home and confiscated the three cannabis plants he was growing as medicine for himself.

Now after almost a year of legal battles, including court appearances, rallies on his behalf, and turning down a plea deal, Bourque has accepted a deal which would require him to complete a year of probation. During that time, Bourque will not be punished if he tests positive for marijuana.

The deal does not specify that Bourque is able to possess marijuana.

12News reports “Bourque told 12News he was under the impression that the use of marijuana going forward would be allowed and would not be used against him, But Jefferson County District Attorney Bob Wortham says that is not the case. Wortham says his office has not authorized the use of any drug.”

However according to the terms of the agreement which an assistant district attorney signed, Bourque will be able to test positive for marijuana.

“To us it shows a lot of compassion from the DA side to not just treat it like an everyday drug conviction case,” Bourque said. “There’s a lot of info to the story and I applaud them for handling it the way they have.”

Bourque’s attorney, Dustin Galmour, used testimony in his defense from a neurologist in Pennsylvania, who specializes in both epilepsy and cannabis research.

“I’ve been in the hospital more the last year than I have in 38 years and I’ve had this since I was 15,” Bourque said.

Dr. Denis Petro’s affidavit states: “Marijuana is a rational, safe and effective alternative to prescription drugs in the treatment of [Bourque’s] seizure disorder.”

Of the 23 states which have legalized medical marijuana, epilepsy is covered as a condition under most medical marijuana programs.

So far, six bills have been introduced in the Texas legislature pertaining to cannabis, three of which deal with medical marijuana specifically. A fourth bill is expected to be introduced next week which would establish a whole plant medical marijuana program complete with dispensaries.

Bourque is working with a group in the area called Southeast Texas NORML, which seeks to change marijuana laws in Texas.

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Stephen Carter

Stephen Carter is a journalist and information technology specialist living in Waco, Texas. He has been working with the cannabis movement since 2009. He founded Texas Cannabis Report in 2013 to bring Texans accurate cannabis related news.

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