Michael Berwert, 65, of North Topeka, was sentenced to 26 months in prison for distribution of a small amount of marijuana. He left his home January 22nd to begin serving his sentence.

Michael suffers from polio he contracted in his youth. He admitted to growing marijuana in his home which he used as medicine for the chronic pain associated with this progressive disease. One of his elderly neighbors suffered from MS, and another from chronic pain. Michael gave these women some of his medicine to ease their suffering. One of them has since passed away.

Michael did not at any time sell marijuana to anyone, and indeed the state did not claim that he did. The act of giving marijuana to another person constitutes 'distribution' and thus he was sent to prison.

Michael's family and physician were all aware of his medical use and were encouraging and supportive. Because there's no law providing for a medical marijuana defense, he was unable to bring this up to the Judge. Michael was featured in a last year, Lawrence Journal-World article, last year. He has no prior drug arrests or convictions.