On September 24, 2004, 27-year-old Jonathan Magbie died while serving a 10-day sentence for marijuana possession in a Washington, D.C., jail. Magbie, a quadriplegic since a drunk driving accident at the age of 4, was a first-time offender.
D.C. Superior Court Judge Judith E. Retchin defied a presentencing recommendation that Magbie be given a term of probation — a sentence that even the prosecutor found acceptable.
Retchin imposed the sentence because she didn't like Magbie's attitude, and the car in which Magbie was riding when apprehended had a loaded gun and cocaine. Magbie had told Retchin that marijuana made him feel better and that he didn't think there was anything wrong with using it.
A miscommunication between jail, hospital, and court officials gave Retchin the impression that the D.C. jail could handle Magbie's medical needs — primarily, a near-constant need for ventilation to help him breathe. In fact, the jail could not accommodate him, but by the time Magbie reached a hospital, he was dead.
Ironically, D.C. voters passed a medical marijuana initiative in 1998 with 69% of the vote. The initiative has never taken effect because Congress blocks its implementation. Had the law been in effect, Magbie might have been able to present a medical defense in court, and might be alive today.
