In September 2014, I was arrested for being in possession of 40mg of Adderall. Adderall is one of three prescription medications that I take daily. It was first prescribed to me in January of 2005 and I have been on it consistently ever since. My prescribed dosage has ranged from 20 to 40 mg/day.
The Adderall for which I was arrested was in a bottle with my friends’ name on it. She gave it to me when I babysat her for two days, leading up to her entrance into a detox facility (for which I made the arrangements) on account of her problems with crack and heroin. I was happy she offered it to me because – as I travel for my career – it’s not always easy to get my prescriptions renewed on time each month. Finding a new psychiatrist in each new city that I visit can be incredibly difficult. Waiting lists for new patients to get a first visit are regularly as long as two to five months. I’m rarely ever in the same city (or state) for that length of time.
After my arrest, I brought in my pharmacy records, doctors’ notes, as well as newspaper articles and letters from friends and fans, testifying that – not only am I not a drug addict but that my life is built around that very fact and that I regularly help those still struggling with drugs to overcome their addictions.
The prosecuting attorney was not interested in any of these facts. At the time of my arrest, my own Adderall prescription was not current and it didn’t matter how long I had been on the drug or that I wasn’t abusing it in anyway, or that my life, career, and essence are diametrically opposed to drug abuse. I was offered a deal: “complete two years of probation and keep a clean (felony-free) record.”
My lawyer advised that we file a motion to suppress the evidence in the state’s case against me, as I hadn’t consented to the search which yielded the Adderall of which I was “illegally” in possession. If it didn’t work, I could take the deal. The motion failed, as the judge ruled that my friend’s consent (obtained outside of my earshot) was valid for the entirety of the vehicle in which we were traveling.
After that hearing, the prosecution withdrew it’s earlier offer and replaced it with “take the felony conviction on your record and either (1) complete two years probation or (2) serve one month in jail.” I requested a continuance to give the matter more thought. I sent in more records, proving that I had managed to keep my prescription current in the (now) nine months since my arrest; I had more letters mailed in – this time from family and people with whom I’ve dealt in my art career. I hoped this would sway the prosecution to reconsider. They did not.
On Wednesday, I went back to court resigned to accept the jail sentence (as probation would prove too great a hindrance to my career and the travel which it necessitates. Moments before I stepped into the courtroom, I allowed someone’s advice to sway me into choosing probation. I figured that I could serve it in Florida (which is still my permanent legal residence) and I had a few personal reasons to return there that I let myself believe outweighed the importance of career and travel.
It was so ordered. I left the courtroom and went to the probation office to sign up. It was there that I was told that my “residency status” in Florida was insufficient to warrant a transfer of my probation. In fact, I had no residency status sufficient to warrant a transfer anywhere outside of McLean County, Illinois (where my arrest took place). I would have to serve my two years of probation in the middle of Illinois where, needless to say, I would be unable to maintain a career as an artist. (There is no art scene there; there is no market for my artwork there).
I went to speak with my lawyer. “They can’t transfer my probation to Florida,” I told him, “I’ll need to take the jail sentence instead.” “Okay,” he said, “We’ll file a motion to vacate.” “Am I free to leave the county and the state in the meantime?” I asked. He nodded. “Should I go back to the probation office and tell them?” I asked. He nodded.
I went back to the office, told the woman at the front desk, and drove to Iowa City to visit my friends. And then I got a call from the probation office. “Until a judge approves that motion, we’re still legally required to complete your intake for probation,” I was told. “If you don’t come back and complete your intake by Tuesday, you’ll be in violation of your probation and a warrant will be issued for your arrest.”
I called my lawyer but only got his receptionist. He’s yet to get back to me.
I have an outstanding opportunity waiting for me in New York City right now. It’s one of the most important cities for the arts in the world and one that I’ve had on my list since day one. I need to go to New York and capitalize on the opportunity before it’s too late (which would be approximately two months from now). But – at this moment – not only am I unable to pack up and head to New York, it seems that – by Tuesday – I may be trapped back in McLean County for who knows how long.
In spite of this, I remain optimistic but my optimism doesn’t snuff out my anxiety, which is sometimes pretty overwhelming. This level of anxiety is not good for me. The last few days, I’ve caught myself entertaining stupid, self-destructive thoughts.
I won’t give in to them though. I’m going to be okay.
Hopefully, I’ll have a better idea of what’s happening by tomorrow or Tuesday. Wish me luck. (And/or buy some art).
Here’s a picture from the 4th of July party/punk show at the Cedar Falls Skate Park yesterday. I’m the one in the middle, clearly having the most fun, without a care in the world. (I’m actually less of a bummer right now than this picture indicates; I just wasn’t 100% comfortable posing for a photo with a bunch of other shirtless dudes, even if they are friends). I’m awkward. I was never in a frat. Whatever, dude.