Community | August 10, 2009 | 1 comment

Another Voice: Medical cannabis collectives win

source: http://www.ukiahdailyjournal.com/opinion/ci_13030857

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JackHerer

http://www.ukiahdailyjournal.com/opinion/ci_13030857

Here are some examples of local cases where courts found collectives were doing it right:

Matthew Sutherlin (2007) 4-person medical cannabis collective. Jury trial acquittal. Defense attorney: Ed Denson

Laura Hamburg (2008) 4-person family collective. Dismissal of all charges due to illegal search and seizure based on intentional omission of material fact.' Defense attorney: Keith Faulder.

Luke Strauss and Joe Maligno (April 3, 2009). Collective membership association with two Redwood Valley patients growing 400 pounds for West Hollywood Center for Compassionate Healing, a storefront dispensary providing medicine to 1,000-plus patients. Hung jury 7-5 in favor of acquittal, based on the conclusion of the majority of jurors that defendants were following the Attorney General Guidelines on Collectives under state law. Charges were not refiled. This watershed case shows a Mendo jury will not convict based on quantity alone, without also knowing how many patients are being provided the medicine. Defense attorneys: E.D. Lerman and David Nick.

David and Cara Lampach (April 30, 2009) Collective membership organization growing 50 pounds in Willits for storefront dispensary, Harborside Collective, in Oakland. After two offers of rejected plea bargains, all charges were dismissed by DA the same day. Defense attorney: Jan Cole-Wilson.

Shelton Sutherland (July 24, 2009) 4-person patient collective. All recognized as in compliance with state and local law by the court. Dismissed at prelim based on illegal search and seizure due to medical purposes being withheld from the judge in requesting a criminal warrant. Compliance checks without warrants or with invalid warrants which omit the claim of medical purposes from the judge in order to get a warrant will not hold up in court.

Defense attorneys: Tony Serra and Omar Figueroa.

Pebbles Trippet is a member of the board of the Mendocino Medical Marijuana Advisory Board.
  1. groups:
    Community,   News and Politics,   Progressive America,   H.E.M.P.,   4 more
  2. tags:
    Marijuana,  Cannabis,  Hemp,  California
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1 comment // Another Voice: Medical cannabis collectives win

  • TrilLogic
    • 0
      TrilLogic  

    • Thanks Jack. That was uplifting. I been a little down since the Marc Emery ruling. Its good to know medical marijuana providers sometimes find justice in the courtroom.

    • 3 years ago
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