Couple Known For Medical Marijuana Activism Arrested

Jim Finnel

Fallen Cannabis Warrior & Ex News Moderator
TEMECULA - Police seized dozens of marijuana plants and about five pounds of dried marijuana Friday from the Temecula home of a medical user well known in Riverside County for his activism on the issue.

Martin J. Victor, 56, said Monday that he and his wife, both of whom suffer from debilitating health problems that prevent them from working, run a 10-member medicinal marijuana collective from their home.

Victor was arrested Friday on suspicion of possession of concentrated cannabis, cultivation of more than 50 marijuana plants and possession of marijuana for sale, jail records show. He was booked into the Southwest Detention Center and released Saturday morning on $50,000 bail.

Police served a search warrant on Palmetto Way about 5:30 p.m., said Lt. Scot Collins. They learned about the large number of marijuana plants being cultivated in a suburban backyard near the Pechanga Casino, Collins said, through sheriff's helicopter surveillance and complaints from neighbors.

"The people in the neighborhood weren't too happy about it," Collins said.

Collins said the operation was not in compliance with new guidelines on medical marijuana issued last month by the state attorney general's office. The Victors were not collecting sales tax, he said, and they did not have a nonprofit business license.

Collins also suggested Victor was making a profit from marijuana sales.

"I can't see how they could not have," Collins said, explaining that police seized about 70 marijuana plants, five pounds of dried marijuana and a small amount of concentrated marijuana hash, along with surveillance cameras and other equipment.

"I don't know where they're coming from in terms of that number of patients and that amount of marijuana."

Victor said he uses marijuana because he suffers from fibromyalgia and cluster headaches as a result of optic-nerve damage. His 53-year-old wife, LaVonne Victor, also a medicinal marijuana user, has multiple sclerosis, a spinal injury and experiences panic attacks.

In 2001, they were arrested and charged with cultivating marijuana and possession for sale, which could have resulted in 32-month prison terms.

The case ended in late 2002 when a judge dropped all charges against LaVonne Victor and Martin Victor pleaded guilty to one misdemeanor count of providing less than an ounce of marijuana to a roommate and was fined $100.

He said at the time that the roommate took the marijuana without his knowledge or consent.

Victor and another member of the collective, Dave Herrick, said they are convinced that Friday's raid was timed to coincide with Victor's testimony Monday on behalf of another medical marijuana advocate charged with battery in San Bernardino County.

"It's nothing but persecution," Herrick said. "And vindictiveness."

They have been growing medicinal marijuana in their backyard for five years, Victor said.


News Hawk: User: 420 Magazine
Source: Press-Enterprise
Author: Sarah Burge
Copyright: 2008 Press-Enterprise Company
Contact: Contact Us | PE.com | Southern California News | News for Inland Southern California
Website: Temecula couple known for medical-marijuana activism arrested, charged with possession, cultivation | Inland News | PE.com | Southern California News | News for Inland Southern California
 
If he has 10 patients documented he should be legal except it appears he didn't file for the correct licenses to stay legal. Should just be charged a small fine for incorrect records and left alone.
 
Leave the man alone at 56 he should be able to choose and grow whatever he want in his yard. Ya idiots!! (feds)
 
Leave the man alone at 56 he should be able to choose and grow whatever he want in his yard. Ya idiots!! (feds)

Worse, this was a state action not a federal action.

What's going on in Cali? I thought the locals were back to being reasonable and it was only the large dealers and profiteers that they bothered with.
 
feds probaly gave the sheriff a bunch of new toys and told him go after the druggies and you get a new hummer with free gas to drive
 
"Collins said the operation was not in compliance with new guidelines on medical marijuana issued last month by the state attorney general's office. The Victors were not collecting sales tax, he said, and they did not have a nonprofit business license".

Can someone please provide me more info on the above. I found no where in the MMJ CA state laws to date about having a nonprofit business license or collecting sales tax when running a "collective"! Now if they were running a "Co-op / Cannabis Club" then they would need the above.

Members of a collective put in time, work in their garden... That's why it's a
"collective" effort. Everyone benifits. :cool:

I hope and pray that they were on the up-n-up with the collective.
 
"Collins said the operation was not in compliance with new guidelines on medical marijuana issued last month by the state attorney general's office. The Victors were not collecting sales tax, he said, and they did not have a nonprofit business license".

Can someone please provide me more info on the above. I found no where in the MMJ CA state laws to date about having a nonprofit business license or collecting sales tax when running a "collective"! Now if they were running a "Co-op / Cannabis Club" then they would need the above.

Members of a collective put in time, work in their garden... That's why it's a
"collective" effort. Everyone benifits. :cool:

I hope and pray that they were on the up-n-up with the collective.

These are rules written by the attorney general. They have no legal authority to write a single law.Its up to the legislatures or a refendum for the people to vote on.
 
^^

True, however I don't think the AG is trying to write law here. I think this is an attempt at standardization. Whether you or I agree or disagree with the enforcement guidelines, it's hard to argue that consistency and predictability is a bad thing
 
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