Medical Marijuana Growers Score A Defense

[Jim Finnel]

CA - In San Francisco, people who grow their own medical marijuana and their attorneys are celebrating the recent California Supreme Court decision that overturned the law limiting possession to 8 ounces. The court found that patients can have as much as they need for personal use, just as Proposition 215 dictated in 1996.

A San Francisco attorney, Omar Figueroa, has seen the first of what he predicts will be many criminal cases dismissed, based on the ruling. His clients, Johanna and Joe Azevedo, were arrested in Vacaville in December 2008 for cultivating more than 8 ounces. Johanna had secured a medical marijuana card six years prior to help with scoliosis and liver disease, and, later, a bout with breast cancer. Joe, who works in San Francisco as a door installer, had a medical marijuana card for back problems and arthritis. The couple grew their own pot in their home, and, based on the now-defunct law, "we had more than you were supposed to," Joe said. But it was grown solely as part of their annual supply of medicine, which they had documents to support.

After nearly two years of legal wrangling in Solano County Superior Court that swallowed the Azevedos' savings, the state Supreme Court finally issued a ruling on another case, California v. Patrick Kelly. Kelly had been convicted of illegal possession because he exceeded the limit. After the court overturned that conviction, the Solano County district attorney's office could no longer justify its charges against the Azevedos. A spokeswoman confirmed that their case was dismissed, based on the Kelly decision.

"It's a huge opinion," Figueroa said. "It will result in hundreds of cases getting dismissed in California." A fellow defense attorney (and medical marijuana card-holder), Tony Serra, said he had about a dozen cases that he expected would be dismissed.

But it seems that few, if any, of those cases will be dismissed by the San Francisco district attorney's office. Spokesman Brian Buckelew said the state Supreme Court ruling has nothing to do with people who hide behind medical marijuana while selling it to recreational abusers. Predominantly, those are the people the DA's office prosecutes, he said.

At the SFPD, a legal team is reviewing procedures for dealing with medical marijuana cases, spokesman Wilfred Williams said, and there may be changes based on the state Supreme Court decision.

As for the Azevedos, they aren't satisfied yet. "I'll celebrate when I get my stuff [marijuana] back," Johanna said.


NewsHawk: User: 420 Magazine - Cannabis Culture News & Reviews
Source: sfweekly.com
Author: Ashley Harrell
Copyright: 2010 SF Weekly
Contact: San Francisco - Feedback
Website: San Francisco News - Medical marijuana growers score a defense

 

[Hieroglyph83]

Cases like this, where the defendant spends all his or her savings to protect themselves from the government for a victim-less crime. Our laws on marijuana create victims instead of protecting people like laws are suppose to.

 

[Ronjet44]

He needs to sue them for his court costs

 

[adviceman]

Yeah, it is sad when people are prosecuted for just trying to do what is right. They should totally try to get their money back with a good defense attorney on their side. San Francisco especially would have people that could help them with things like this. There always seems to be things like this going on in San Fran. Hope the couple can get it all worked out.

He needs to sue them for his court costs

 

[Weed420]

Cases like this, where the defendant spends all his or her savings to protect themselves from the government for a victim-less crime. Our laws on marijuana create victims instead of protecting people like laws are suppose to.

This has always been one of the major problems with our judicial system. The proscution has unlimited funds at there disposal, you have whatevers in your pocket. They need to pass a simple law in all of our states that says, "The defense is allowed to spend just as much as the prosecution on any case"
This would make prosecutors think twice before filing these abusive cases.