Benton Mackenzie passed away at home this morning, his wife Loretta Mackenzie told Brian Wellner of the Quad-City Times. Mackenzie was convicted last summer on drug charges, having grown dozens of marijuana plants in order to treat his terminal cancer. During the trial, the judge did not allow Mackenzie or his attorney to say that the defendant was seeking to use cannabis as a cancer treatment. Mackenzie was later sentenced to probation. The family had hoped to move to Oregon; Mackenzie had visited the state and received a valid Oregon medical marijuana card before his health deteriorated late last year.

Many Iowans who favor legalizing medical marijuana were outraged by the prosecution of a terminal cancer patient. State Senator Joe Bolkcom described the case as a waste of taxpayer money. During last year’s legislative session, Bolkcom defied long odds to get a baby step toward legalizing medical cannabis approved in the Iowa House and Senate. However, the new law only permits the use of cannabis oil in order to treat certain seizure disorders, and even the affected families have been unable to obtain the treatment so far.  

Thousands of Iowans are battling cancer or suffering from chronic illnesses that can be treated with cannabis or its derivatives. They should not be subject to criminal prosecution merely for attempting to obtain marijuana for personal use. Benton Mackenzie’s death may not be enough to spur a majority of lawmakers to act this year, but I hope his sad story will eventually create the political space to expand Iowa’s medical marijuana law.