Pubdate: Sun, 08 Apr 2001 Source: Marin Independent Journal (CA) Copyright: 2001 Marin Independent Journal Contact: http://www.marinij.com/ Details: http://www.mapinc.org/media/673 Author: Gary Klien Note: Sources: Marin County District Attorney's Office, IJ staff report HOW MARIN RESOLVED 60 MARIJUANA CASES Of approximately 30,000 cases handled by the Marin County District Attorney's Office between 1998 and 2000, 73 suspects raised the medical marijuana defense, prosecutors said. Out of those 73 cases, District Attorney Paula Kamena filed charges against 60 suspects. But most of those cases were dismissed under Proposition 215; dismissed after a "post and forfeiture" payment - similar to a traffic ticket - ranging from $50 to $250; or resolved through plea bargains and other deals. Below is a summary of how the 60 cases were resolved. An ounce of marijuana contains about 28 grams, and a joint or marijuana cigarette contains roughly one or two grams. Cases that begin with CR are misdemeanor cases while those with SC are felonies. 1. Case CR104165A. Less than an ounce. The defendant was a cannabis club member but could provide no other documentation. Disposition: Dismissed by DA under Proposition 215. 2. Case CR104202A. 5.9 grams. No valid documentation was provided. Disposition: Post and forfeiture of $100, case dismissed. 3. Case CR104421. 2.6 grams. No valid documentation was provided. Disposition: Post and forfeiture of $100, case dismissed. 4. Case CR105229. Less than an ounce. Valid documentation was provided. Disposition: Dismissed by DA under Proposition 215. 5. Case CR106237. 5.26 grams. Also possessed 2.4 grams of hashish. No valid documentation was provided. Disposition: Post and forfeiture of $250, case dismissed. 6. Case CR106798A. Less than an ounce. No valid documentation was provided. Disposition: Post and forfeiture of $100, case dismissed. 7. Case CR109984B. Less than an ounce. The defendant produced a cannabis club card but no other valid documentation. Disposition: Post and forfeiture of $100, case dismissed. 8. Case CR110334A. Less than an ounce. Also booked on suspicion of public intoxication and brandishing a weapon. No valid documentation was provided. Disposition: Case pending. 9. Case CR110517. 8 grams. Doctor's note and cannabis club membership provided. Disposition: Dismissed by DA under Proposition 215. 10. Case CR110779. One third of an ounce. Medical claim: "A bad cold." No valid documentation was provided. Disposition: Case pending. 11. Case CR110795A. 6.77 grams. Cannabis club card was provided. Disposition: Post and forfeiture of $100, case dismissed. 12. Case CR111387. 60 grams. The defendant produced a cannabis club card but no other valid documentation. Disposition: Guilty plea. The sentence was deferred pending the completion of a diversion program. If he successfully completes the program, the case will be dismissed. If he fails, he goes straight to sentencing. 13. Case CR111792. Less than an ounce. The defendant invoked the medical defense at the scene but never followed up with valid documentation. Disposition: Case pending. 14. Case CR111837. 50 grams. The defendant invoked the medical defense at the scene but never followed up with valid documentation. Disposition: Post and forfeiture of $200, case dismissed. 15. Case CR111967. Less than an ounce. The defendant invoked the medical defense at the scene but never followed up with valid documentation. Disposition: Post and forfeiture of $100, case dismissed. 16. Case CR112129. Less than an ounce. The suspect was also booked on a weapon possession count. No valid documentation was provided. Disposition: Plea bargain. The pot charge was dismissed in exchange for guilty plea on the weapons charge. 17. Case CR112350. Less than an ounce. The defendant produced a cannabis club card but no other valid documentation. Disposition: Post and forfeiture of $100, case dismissed. 18. Case CR112527A. Less than an ounce. The defendant claimed to be carrying the marijuana for an injured friend. No valid documentation was provided. Disposition: Post and forfeiture of $100, case dismissed. 19. Case CR112968A. 11.92 grams. Valid documentation was provided. Disposition: Case dismissed by DA under Proposition 215. 20. Case CR112987A. 29 grams. Valid documentation was provided. Disposition: Case dismissed by DA under Proposition 215. 21. Case CR113587A. 3 grams. Valid documentation was provided. Disposition: Dismissed by DA under Proposition 215. 22. Case CR113587B. Less than a gram. The defendant produced a cannabis club card but no other valid documentation. Bench warrant issued for failure to appear in court. Disposition: A judge dismissed the case for time the defendant already spent in jail. 23. Case CR113808. Less than an ounce. No valid documentation was provided. Disposition: Post and forfeiture of $100, case dismissed. 24. Case CR114085A. Less than ounce. No valid documentation was provided. Disposition: Post and forfeiture of $50, case dismissed. 25. Case CR114305A. 75.66 grams. No valid documentation was provided. Disposition: Pleaded guilty. Sentence: One year of probation, 40 hours of community service and no jail time. 26. Case CR114455. 1.5 grams. County Department of Health and Human Services card provided. Disposition: Dismissed by DA under Proposition 215. 27. Case CR114833. Less than an ounce. No valid documentation was provided. Disposition: Dismissed by DA under Proposition 215. 28. Case CR115252A. 59.82 grams. The defendant also had another drug case pending. Disposition: Plea bargain. The defendant pleaded guilty on one charge and the DA's office dropped the other. The sentence was deferred pending the completion of his diversion program. If he successfully completes the program, the case will be dismissed. If he fails, he goes straight to sentencing. 29. Case CR115685. Less than an ounce. Also had two other cases pending. Disposition: Plea bargain. The DA's office dropped the marijuana charge in exchange for guilty pleas in the other cases. 30. Case CR116357. 6.9 grams. Valid documentation was provided. Disposition: Dismissed by DA under Proposition 215. 31. Case CR116390. 64.5 grams. Also booked on suspicion of public intoxication and disturbing the peace. Medical claim: "To take the edge off." No valid documentation was provided. Disposition: Plea bargain. The DA dropped the marijuana charge in exchange for guilty pleas on the other charges. 32. Case CR117232. Less than an ounce. Valid documentation was provided. Disposition: Dismissed by DA under Proposition 215. 33. Case CR117323. 3.25 grams. Disposition: Dismissed on a plea bargain in a different case. 34. Case SC101957. 55 grams. The medical defense, for post-operative back pain, was not invoked until sentencing. Disposition: Pleaded guilty to possession of marijuana for sale. Judge granted probation instead of jail time because of the back injury. 35. Case SC102442A. Seventeen plants. Valid documentation was provided. The suspect was charged with cultivation. Disposition: Dismissed by the DA under Proposition 215. 36. Case SC103235A. Thirty-six plants. Valid documentation was provided. The suspect was charged with cultivation. Disposition: No plea deal offered because of allegations of sales. The defendant pleaded guilty and received probation. A subsequent probation search revealed more plants, but the probation-violation case was dropped under Proposition 215. 37. Case SC103586A. 3.89 pounds. Valid documentation was provided. The suspect was charged with possession for sale, transportation and possession of more than an ounce. Disposition: Plea bargain. For a guilty plea to possession of more than an ounce, the DA's office dismissed the other counts. 38. Case SC104363A. 12 grams. No valid documentation was provided. The suspect was charged with possession for sale, transportation, weapon possession and driving with an expired license. Disposition: Plea bargain. In exchange for a guilty plea to driving with an expired license, the DA's office dismissed the other counts. 39. Case SC104381. 280 grams. Valid documentation provided. The suspect was charged with possession for sale and transportation. Disposition: The case was dropped by the DA's office because the prosecution's own expert witnesses disagreed on whether 280 grams was an appropriate amount for medical use. 40-42. Cases SC104500A, SC104500B, SC104500C. Fourteen plants were found in a residence with three suspects. Valid documentation was provided. Disposition: Dismissed by DA under Proposition 215. 43. Case SC105799. 2.4 pounds. The defendant claimed the marijuana was for AIDS patients in Guerneville, but she provided no valid documentation. She was charged with possession for sale, transportation and driving under the influence. Disposition: DA offered to drop other charges in exchange for a guilty plea to possession for sale. The defendant rejected the offer and went to a judge. The judge let the defendant plead guilty to all three charges in exchange for no prison commitment. 44-45. Cases SC106648A, SC106648B. Hundreds of plants. Charged with possession for sale, transportation, cultivation and related counts. Disposition: The plants were seized in two raids. The first raid occurred about a month before the passage of Proposition 215. A jury deadlocked in the first case and the two suspects were awaiting a retrial when a second bust occurred in January 1999. After months of legal maneuvering, one suspect pleaded guilty to all five felony counts after the court agreed not to send him to prison. The other pleaded innocent to five felonies and vowed the fight the case, but later agreed to plead guilty to one count of sales. One was sentenced to one year in jail while the other got six months. In sentencing one suspect, Marin Superior Court Judge John Sutro ruled he could possess up to an ounce of marijuana at any time during his five years of probation. Attorneys said it was the first time a Marin judge had set a limit for pot to be possessed as part of a defendant's sentencing terms. 46. Case SC107462. 368 grams. Some documentation was provided. The DA pressed charges due to the quantity and to the suspect's alleged possession of another drug. Disposition: Guilty plea. 47. Case SC108359. Fourteen plants. Documentation was provided. Disposition: Dismissed by DA under Proposition 215. The amount was higher than allowed under the DA's guidelines, but prosecutors did not think they could get a jury to convict. 48. Case SC108773. 6 to 8 ounces. Some documentation was provided. The suspect was charged with possession for sale. Disposition: Trial, hung jury. The defendant later agreed to plead guilty to possession of less than an ounce and was accepted into the diversion program. If he successfully completes the program, the case will be dismissed. If he fails, he goes straight to sentencing. 49. Case SC109076. One hundred plants. The suspect was charged with cultivation and weapon possession. The defendant claimed the marijuana was for his mother, who lives with him. The DA's office said the real issue is quantity. Disposition: A trial is set for this month. The defendant's mother was not charged. 50. Case SC109630A. Sixty-nine plants. Documentation was provided, but the DA's office filed charges anyway because of the quantity. Disposition: The defendant pleaded guilty to cultivation and was accepted into the diversion program. If he successfully completes the program, the case will be dismissed. If he fails, he goes straight to sentencing. 51. Case SC109781A. 60 grams. Methamphetamine was also seized. The defendant provided a cannabis club card but no other valid documentation. Charged with possession for sale, transportation, possession of methamphetamine and possession of methamphetamine for sale. Disposition: Plea bargain. The DA dropped marijuana charges in exchange for guilty pleas on the meth charges. 52. Case SC110438. 627.4 grams. No valid documentation was provided. Disposition: Plea bargain. The DA dropped the marijuana charges in exchange for a guilty plea for maintaining a location for unlawfully selling, using or giving away a controlled substance. The defendant admitted selling marijuana to offset his costs, prosecutors said. 53. Case SC111588A. 500 grams. Valid documentation was provided. Disposition: The DA dropped the charges under Proposition 215. 54. Case SC111588B. Less than an ounce. Valid documentation was provided. Disposition: The DA's office dropped the charges under Proposition 215. 55. Case SC113730. 1 pound. No valid documentation was provided. The suspect was charged with possession for sale with a weapons enhancement. Disposition: Case pending, preliminary hearing set for April 16. 56. Case SC114148A. 21 grams. The suspect was also charged with possession of methamphetamine. The defendant never raised the medical marijuana issue with police, but he provided valid documentation during adjudication. Disposition: Plea bargain. The marijuana charge dismissed for a guilty plea on the meth count. 57. Case SC114731A. Four plants. The DA's office declined to pursue charges because a more serious parole violation case was already under way. 58. Case SC115854. 2.51 grams of marijuana and .31 grams of hashish. Documentation was provided, but the DA still pursued charges due to allegations of sales to minors. Disposition: The marijuana possession charge was dropped in exchange for guilty pleas on two other charges. 59. Case SC115909A. Forty-one plants. The defendant claimed the marijuana was for his mother. Disposition: A trial is set for this summer. 60. Case SC116212A. Twenty plants. Valid documentation was provided. Disposition: The DA dropped the charges under Proposition 215. Judge Verna Adams then ordered police to return the 14 plants they seized. The other plants were never seized because the DA's guidelines permit possession of up to six plants for medical reasons. Sources: Marin County District Attorney's Office, IJ staff report - --- MAP posted-by: Jo-D