Marijuana charges against Atkinson man set aside

By Kiera Blessing

BRENTWOOD — An Atkinson man accused of growing more than 7 pounds of marijuana in his home will not be convicted of the crime.

Robert Zdrada, and the state settled on a diversion agreement in Rockingham Superior Court Tuesday, in which Zdrada will not be convicted of any felony charge in exchange for completing 100 hours of community service. His criminal record will remain clean.

"It certainly is a relief because this has been very stressful," Zdrada told The Eagle-Tribune following the hearing. "I've probably lost another 10, 12 pounds because of it and it will take me over a year to try to get that back."

Zdrada and his wife Valerie were arrested Oct. 19 and charged with one count each of cultivating marijuana and possession with intent to distribute. All charges against Valerie and the distribution charge against Robert were later dropped after their lawyer, Alan Cronheim, showed the court that Zdrada suffers from cancer and was growing the drug for medicinal purposes.

"We're happy that it's done," Zdrada said. "I'm most happy that Val is out of the picture on this — she never had anything to do with the drugs."

Though medical marijuana was legalized in New Hampshire in 2013, the first dispensary in the state did not open until last month. The state only began distributing medical identification cards late last year; Zdrada received his in January.

While free on personal recognizance bail, Judge Sharon DeVries of Plaistow ruled that Zdrada was permitted to use medical marijuana with his identification card as long as it was a part of his treatment plan discussed with a doctor.

Tuesday, Zdrada appeared with Cronheim in superior court for a plea and sentencing hearing. In exchange for making the diversion agreement with the state, Zdrada waived his right to trial. If he were to default on the terms of the deal, he would be sentenced to 12 months in jail suspended for one year.

Zdrada will also have to pay a $50 per month fee for one year while he completes the community service requirement.

It's early in his treatment plan, but Zdrada said the medical cannabis has been helpful. He told Judge David Anderson that he "deal(s) with a lot of pain" and "every day is a struggle."

"Right now, it's try," he said of using medical marijuana.

"It has been heart breaking watching my husband suffer with cancer issues during this most difficult time," Valerie Zdrada said in an email Tuesday. "I would like to thank all of the compassionate people in the community who have reached out and supported him."