Mom facing pot charges waives preliminary hearing

A Garden City mother who faces five marijuana-related charges waived her preliminary hearing Monday when she found out the state wanted her 11-year-old son to testify against her, according to a Facebook post by her defense attorney.

The charges resulted from comments the son made during an elementary school anti-drug program about his mother’s pot use.

Shona Banda, 38, faces three felony and two misdemeanor charges.

She has repeatedly said she made cannabis oil to treat her Crohn’s disease and wrote a book about the marijuana treatment called “Live Free or Die: Reclaim Your Life … Reclaim Your Country!”

Sarah Swain, Banda’s defense attorney, posted about the court appearance on Facebook.

“We came to court today prepared to fully to litigate these issues,” Swain wrote in a status update. “However, everything came to a screeching halt when we were informed that the state intended to put Shona’s 11-year-old son on the stand to testify against at his mother. After a long discussion, we made the decision to waive the remainder of this hearing to limit any further trauma to the boy.”

During a preliminary hearing, the judge decides whether there is enough evidence to require a trial. The state could call the boy to testify at a trial.

Susan Richmeier, Finney County district attorney, said she and the other attorneys involved in the prosecution would not have called Banda’s son as a witness if they felt it was unnecessary.

“It’s not our intent to terrorize children,” she said.

She also noted the county offers victim services, such as counseling.

On Monday, the court set Jan. 11 as the date Banda will be arraigned and enter a plea.

Banda told The Eagle in July that she planned to plead not guilty because she believes the law was unjust.

“When I’m dying, I’m going to do whatever it takes to save my life,” Banda said. “It’s instinct – it’s human instinct at its very core. You should not have to choose your life over a law – ever.”

Swain, Banda’s defense attorney, said she plans to file at least a dozen motions before trial because she believes the state unconstitutionally gathered evidence by interviewing the son.

If the case proceeds to trial, “We believe this case will set a precedent nationwide,” Swain said.

Richmeier, the prosecution attorney, said, “It’s a black or white issue.”

“Did she violate the law as written in the state of Kansas, or did she not? That will be up to a jury of 12 to determine that,” Richmeier said.

During a school anti-drug program in March, Banda’s 11-year-old son said, “My mom smokes – a lot,” according to a court affidavit.

The affidavit also said the boy had “unusual and specific knowledge regarding marijuana and its use.” The comments sparked an investigation of Banda, a search of her home, a criminal case and a child-in-need-of-care case.

Banda lost custody of her son because of the investigation, so the 11-year-old reportedly stayed with his biological father, who also lives in Garden City.

The status of the child-in-need-of-care case is unclear because those cases are not public record.

This story was originally published November 16, 2015 at 2:06 PM with the headline "Mom facing pot charges waives preliminary hearing."