A Scott County man with terminal cancer who was found guilty in July for manufacturing marijuana, conspiracy, violation of the drug tax stamp act and possession of drug paraphernalia was sentenced to three years probation on September 9, 2014.
Benton and Loretta Mackenzie and their son, Cody were found guilty on drug charges in Scott County on July 9, 2014 after 71 marijuana plants were seized by police in May 2013. A jury convicted Benton and Loretta Mackenzie each of manufacturing marijuana, conspiracy, violation of the drug tax stamp act and possession of drug paraphernalia. Cody Mackenzie was convicted of misdemeanor possession of marijuana and paraphernalia.
Mackenzie says he used the cannabis oil from the plants to treat his cancer.
"The whole trial was unfair. I wasn't even allowed to mention that I have cancer," said Mackenzie after his sentencing hearing.
Mackenzie was able to talk about his condition during his sentencing.
"I have a form of cancer that is not very survivable and I have tumors disappear under my treatment with the cannabis oil. So as far as saving my life, that was the only option I had," Mackenzie said to Judge Henry Latham.
The prosecutor for the State of Iowa also acknowledged Mackenzie's condition.
"Based on his physical condition and the illness that he's dealing with it is the State's recommendation that he be placed on probation."
Mackenzie said it is also the first time Judge Latham publicly addressed his condition. When describing his position for sentencing and the possibility of prison time, Latham said, "But what purpose would that serve today? As you sit here today as what has been reported as a terminal form of cancer."
Instead, Latham sentenced him to three years probation.
"I'm using my discretion and it is my decision to place you on a period of probation and suspend the incarceration," said Latham.
Loretta Mackenzie was also sentenced to three years probation and Cody Mackenzie was given a suspended sentence.
"I hope this is the straw that breaks the camels back and brings some sanity to the lawmakers decision making process, and that I'm the last person that has to go through this," said Mackenzie.
Mackenzie plans to appeal his conviction and also hopes to have his probation moved to Oregon so he can receive cannabis oil treatment.