POSTED: 8:15 a.m. HST, Jun 25, 2013
LAST UPDATED: 8:17 a.m. HST, Jun 25, 2013
DETROIT » A southeastern Michigan farmer recovering from throat cancer was sentenced to probation instead of prison today for growing thousands of marijuana plants, due partly to many handwritten letters from supporters who described him as a modest, selfless man who helps others at every turn.
"This is one that most screams out: This man deserves a break," U.S. District Judge Bernard Friedman said.
Edwin Schmieding, 61, was caught growing 8,000 marijuana plants at his Lenawee County farm and greenhouse in 2011. His wife told police that they were trying to tap the state's medical marijuanamarket, although production that large is illegal.
Schmieding's attorney, Sanford Schulman, noted that most plants were small and of low quality.
"I take full responsibility for my actions," Schmieding told the judge as relatives wept in the courtroom gallery. "I've lived a hard-working life. I give you my word: I'll be a responsible citizen."
Schmieding began growing marijuana in 2010 after years of growing cut flowers and other plants. He and wife Linda lived in a home built with their own hands and warmed by firewood during winter.
Friedman was influenced by letters from relatives and friends, even Schmieding's former wife, in the rural area. A neighbor said Schmieding regularly lent tools and helped him pour concrete. Family members said they were inspired by his modesty and independence as well as his courage during cancer treatments.
"Because of this farming that will someday be legal ... his family lost everything. He has suffered enough," brother-in-law Arthur Radabaugh wrote.
Michigan voters in 2008 approved the use of marijuana to relieve the side effects of certain illnesses. But only licensed caregivers and users can grow it in relatively small quantities.
Assistant U.S. Attorney C. Barrington Wilkins did not object to a departure from the sentencing guidelines. Friedman gave Schmieding credit for a day in custody and placed him on supervised release, or probation, for two years.
Schmieding still is likely to lose his farm because of the drug conviction.