A man from the suburbs of Chicago with stage 4 testicular cancer was sentenced to four years in prison for ordering 42 pounds of marijuana-infused chocolate from a California dispensary.
Thomas J. Franzen, 37, of Montgomery said the chocolates were for self-medicating symptoms like nausea; the state of Illinois accused him of intending to sell it.
"The marijuana-laced product found at Mr. Franzen’s home was not purchased from a medical marijuana business, and the amount he purchased far exceeds what would be used for personal consumption and is evidence that he is a drug dealer," Kane County State’s Attorney Joe McMahon said in the statement.
"We did this in spite of evidence that proves Mr. Franzen is a drug dealer."
Prosecutors dismissed multiple charges of marijuana trafficking, which carried a penalty of six to 30 years in prison and fines up to $25,000.
"He got the best disposition that was available given the constraints of Illinois law," Franzen’s attorney, David Camic, told CNN.
Camic says Franzen was using the chocolates to relieve himself from the symptoms of stage 4 cancer.
Illinois Governor J.B. Pritzker said he would sign a proposal making Illinois the 11th state, along with the District of Columbia, to permit recreational marijuana use.
Once Governor Pritzker signs, the law would go into effect next year, according to WGN9.
Franzen is schedule for court on June 14, when he will present recent medical tests to Judge Clint Hull, who will determine when he will start serving his prison term.