Amarillo, TX - An Amarillo man wins an acquittal for possession of marijuana, the first decision of its kind in Texas.
A Potter County jury ruled in favor of a man who is HIV positive and was using marijuana medicinally.
Marijuana is and always has been illegal in the state of Texas.
But Tim Stevens says when he was arrested for possession of 3 grams of marijuana used to treat his nausea and Cyclical Vomiting Syndrome he felt mistreated.
He says, "I guess I willfully broke the law to seek help that no medication would help."
The jury agreed with Stevens and it took only 15 minutes for the jury to reach a decision...not guilty.
His lawyer says he hopes this case starts a revolution to lift the marijuana ban.
Jeff Blackburn says, "I hope the message that they get is hey, I'm gonna take my own healthcare under my own control I'm gonna do something about it and stand up."
The prosecuting attorney says regardless of individual circumstances the law is the law.
Scott Brumley says, "The simple fact of the matter is. The law in Texas is clear. Like it or not marijuana is illegal and it is illegal across the board. Given the same case, and the same facts I would prosecute the same way again."
Stevens tells me there is misconception about marijuana use.
"I don't think they have to worry about it being a free for all. You know, pot heads, ok. It's not about that."
He also says he hopes to be an advocate for legalization of marijuana for medicinal purposes in the state of Texas.