A motions hearing for a Franklin County cancer patient facing felony marijuana charges has been scheduled for August to provide more time for review of his full medical history.
Terry Lynn Rugg, 64, Ottawa, a retired science teacher who is battling multiple cancer diagnoses, is charged with cultivation of marijuana, possession of marijuana with intent to distribute and possession of drug paraphernalia — which are all felonies — after he was arrested Oct. 29, 2015, according to Herald archives.
Rugg’s attorney, John Boyd, said previously he would provide the Franklin County Attorney’s Office with Rugg’s medical history, in the hopes of a plea agreement.
At Rugg’s status conference Monday morning, Boyd said the prosecutor’s office had indicated it wanted to review his client’s full medical records, which would require more time.
Rugg has been diagnosed with thyroid, bladder and urethral cancer, Boyd said, according to Herald archives.
Boyd also said Monday he planned to file a motion asking that firearms seized during the arrest be released to a third party for appraisal and possible sale to help his client cover some of the costs associated with the case. Boyd did not think firearms seized during the arrest had any relation to the charges his client is facing, he said.
District Magistrate Judge Taylor Wine set a motions hearing for Rugg at 10:30 a.m. Aug. 1 in Franklin County District Court, 301 S. Main St., Ottawa.
An arrest affidavit that details marijuana and other items arresting officers found on Rugg’s property in the 2100 block of Sand Creek Road, included a dozen firearms.
Rugg said he has been using and growing marijuana for 15 years, which Boyd said helps him combat the affects of chemotherapy as well as a recent relapse and surgery, according to Herald archives.
Marijuana for both medicinal and recreational purposes is illegal in Kansas.
Doug Carder is Herald managing editor. Email him at email@example.com