A woman in Vermont will avoid trial in a marijuana case. In 2007, Sue Thayer was charged with possessing more than 25 marijuana plants. Thayer admits she broke the law but insists it was out of necessity. She was growing the cannabis for her son who was undergoing daily dialysis while awaiting a kidney transplant. Marijuana improved his appetite and condition.

Vermont has a medical marijuana law, however Thayer exceeded the legal plant limit and grew her marijuana outdoors – a violation of the law.

Thayer claims she was growing the marijuana to save lots of her son’s life and felt she could win her case by way of a necessity defense. But a district court judge ruled that she could not use one of these defense as a medical marijuana law existed and Thayer failed to follow it. That ruling was upheld by the State Supreme Court and it left Thayer without the flexibility to adequately explain her actions to a jury.

Despite facing jail time, Thayer does not accept a plea deal. “I couldn’t have a look at myself and say I’m a felon and I’m going to plead guilty, you realize it could be immoral for me to assert that.”

Thayer’s determination ultimately paid off as earlier this month prosecutors agreed to refer the 65-year-old mother’s case to court diversion. If she completes the community service, her case might be dismissed.  

Thayer’s son received a kidney transplant last year and recently turned 23. Both he and his mother plan to encourage Vermont legislators to vary the law and make medical marijuana more accessible.

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