Legal Question in Criminal Law in California

Cannibas plants

A friend of mine with the proper prescription from his doctor, asked me if he could place 50 2 week old marijuana plants in my backyard. I agreed to let him do this because he has a medcal need for this. He said he tried it before and they were stolen from his yard. He posted his prescripton in a laminated paper on the fence in my back yard to make it visible to any arial survelliance. My home is pretty secluded and these plants were noticed by a real estate later who seen them from a home next door which is on the market. She called the authorities and they raided our home breaking down door s with guns and scaring my 2 year old grandaughter. I am 58 years old and had recent heart surgery . They arrested me for cultivation of marijuana and set my bail at 150,000.00. My friend is upset because of what theydone. I am out on bail and i really do not think this is right. I also have a m.Edical marijuana prescription from my doctor for my blood pressure and i also have glaucoma. They came in our home like gustapos. What can i do about this?Thank you for your time


Asked on 9/01/08, 12:48 pm

4 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Cannibas plants

As others have said, you need a good lawyer. Your friend's prescription may have authorized *him* to have marijuana, but that does not mean he can designate someone else to grow it for him. Your own prescription may or may not cover what you did (50 plants is a lot for one person's own use), but that is all you have to go on.

Good luck.

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Answered on 9/01/08, 6:12 pm
Terry A. Nelson Nelson & Lawless

Re: Cannibas plants

What can you do? Defend the case. You're going to need to do more than complain about how you 'do not think this is right'. I'd suggest you hire competent counsel to defend you, if you want to maximize the chance of staying out of prison. Feel free to contact me if you get serious about doing so. As part of this process, I hope you take the time to learn the laws on medical use. That 'prescription' is a Politically Correct piece of paper that willfully ignores the federal drug laws. Even if it is honored by local authorities, it would only be for actual limited personal use. Your commercial operations [50 plants] was pushing the envelope.

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Answered on 9/02/08, 1:57 pm
Daniel J. Mangan III JuryTrialJustice

Re: Cannibas plants

Hire a very good attorney.

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Answered on 9/01/08, 1:50 pm
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: Cannibas plants

You need to retain a very good attorney who is very familiar with medical marijuana laws. Second, do not try to talk to the investigators about who grew what and for whom, or about anything really, without an attorney. There are a number of potential defenses under medical marijuana laws and you jeopardize your position by talking.

You need to vigorously defend your case - period. There is no short cut here as you will not get a pass with 50 plants involved. Your defense will come down to showing that the plants were for your own personal reasonable medical consumption. (I am assuming you are being prosecuted in a state court). Without any evidence you were involved in or were planning sales - this can be done with the right attorney and cannabis expert.

Unfortunately, medical marijuana laws do not make patients immune from arrest, seizure of their medicine or prosecution, as you by now found out.

Feel free to contact me, by e-mail or phone, if you require further consultation. Defending medical marijuana cases is my specialty.

Very best,

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 9/01/08, 2:31 pm


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