Pubdate: Thu, 31 Mar 2005
Source: New Times (CA)
Copyright: 2005 New Times
Contact:  http://www.newtimesslo.com/
Details: http://www.mapinc.org/media/1277
Author: Jeff Hornaday
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)
Bookmark: http://www.mapinc.org/find?115 (Cannabis - California)

MEDICAL-POT GROWER ACQUITTED

Robert Marshall of Morro Bay was acquitted on charges of felony
marijuana cultivation by the San Luis Obispo County Superior Court on
Friday, March 25. Morro Bay police arrested Marshall last September
for growing 30 mature females and 43 additional seedlings and male
plants. But Marshall was able to prove that this was a reasonable
quantity for the two medical patients for whom he acts as a designated
caregiver.

In the hearing that began on Feb. 4, defense attorney Lou Koory
presented evidence to indicate that an operation of this size would
likely yield no more than eight or nine ounces of usable product.

Koory returned to the courtroom on Friday feeling quite confident that
his client would prevail, and afterward described Deputy District
Attorney Linda Luong's presentation of evidence as a "non-event," so
insignificant that for the first time in his legal career, he declined
to cross-examine witnesses.

Marshall and Koory both hope this ruling will lead local authorities
to look upon Proposition 215 more favorably, and Marshall suggested
that this case would force the issue.

"We need firm county guidelines," Marshall said. "It's up to the
knowledgeable people of this community to educate the police and
policy-makers."

Koory also filed a motion for return of property on March 28, asking
the county to return all of Marshall's property that was seized on the
night of his arrest. The attorney was successful in a similar motion
with the case of Donovan No Runner, and he expects to see Marshall's
plants, lights, and hardware returned reluctantly but without
incident. But he's not entirely optimistic.

"The message is that people acting as caregivers in this county need
to understand that law enforcement is still suspicious and perhaps
outright hostile toward the concept of medical marijuana," Koory
explained. "Even when they're acting within the confines of the law,
they're still vulnerable to arrest and prosecution."

City councils from Grover Beach to Paso Robles have already passed
moratoria against medical marijuana dispensaries, and documented
patients are at a loss for what to do.

Marshall recommends that patients in need take a two-hour drive to the
Compassionate Caregivers in Bakersfield, where they can purchase up to
eight ounces (half a pound) of quality product at a time. Call (661)
322-2555 for more details.
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MAP posted-by: Larry Seguin