On Monday, July 7, before the jury was brought in for his trial, Benton Mackenzie collapsed in the courtroom and was taken to Trinity Medical Center in Bettendorf. On Tuesday, however, the Long Grove, Iowa, resident accused of manufacturing marijuana had reportedly been released from the hospital and testified in his own defense.
For those new to this matter before the Seventh Judicial Court District in Scott County - presided over by Judge Henry Latham (appointed by Governor Terry Branstad in March 2013) - Benton and his wife Loretta were arrested a year ago and charged with growing marijuana, while their son Cody was arrested and charged with possession of less than a gram of marijuana because ... well, just because.
Benton stated, in media reports last year, that he was growing marijuana for the singular purpose of extracting the cannabidiol oil contained in the marijuana plant to treat his angiosarcoma cancer, purportedly in a terminal phase. According to Benton, nothing else but the cannabidiol oil relieves the extreme suffering he is experiencing from horrific lesions that manifest on his posterior. Unfortunately, cannabidiol is extremely expensive. It can be purchased on Amazon.com, among many places, for medicinal purposes because it does not contain THC, and therefore it is not illegal in the U.S. For most people, however, the cost is prohibitive, especially as an ongoing treatment.
So painful and prolific are his symptoms that he was released from the Scott County jail days after his initial incarceration, allegedly because the county did not want the responsibility for or expense of his health care, nor was the facility equipped to handle his extreme case.
The office of County Attorney Mike Walton, however, has aggressively expended tax dollars in prosecuting this invalid, his family, and his friends, but only if Benton is not allowed the common-law defense of growing marijuana for medical purposes. The prosecution submitted a motion in limine that was approved by Judge Latham to disallow any mention of his production or use of marijuana for medical purposes.