A 30-year-old Gardnerville man chose a month in jail Wednesday in lieu of probation which would have precluded his use of medical marijuana for one year.
Charles Ray Balzer told East Fork Justice Jim EnEarl he was unwilling to give up marijuana for one year and would do 30 days in jail after he pleaded guilty to harassment.
Balzer has a medical marijuana card he legally obtained from the Nevada State Health Division. He told EnEarl he smokes marijuana and takes a prescription painkiller for a back injury.
Had Balzer accepted probation, he would have been spared the jail term, but a condition would be that he not use drugs or alcohol for a year.
At the end of the 30 days in jail, he won't have any probation restrictions.
"You'd rather do 30 days in jail than have me tell you you can't smoke dope? Doesn't that sound a little sick?" EnEarl asked.
"No, sir," Balzer said. "It's what the marijuana does for me."
"I think if I sat around smoking dope all day, it would probably help me out, too," EnEarl said.
Balzer said he only smoked marijuana at night.
Balzer's lawyer, Richard Davies, pointed out that his client was legally within his rights to have the marijuana card.
"It's the will of the people and the Legislature recognizes that," Davies said.
"Some people marijuana probably does help. I am not necessarily convinced Mr. Balzer is one of them," EnEarl said.
EnEarl pointed out that Balzer also had a prescription for a painkiller.
Balzer said he would turn himself in at 8 a.m. June 11. EnEarl advised him he could have no alcohol or drugs in his system when he checks in.
He was arrested after he reportedly threatened an acquaintance with what looked like a handgun, but turned out to be an airsoft pistol. Balzer originally was charged with assault and harassment and pleaded guilty to the second charge in a plea bargain with the district attorney's office.
When he was arrested, officers discovered a marijuana grow system, but Balzer produced the medical marijuana card.
