Felony pot cases involving medical marijuana cultivation in California get tossed out of Court

Posted By Joey Gilbert Law || 30-Aug-2011

In recent months many marijuana cases have been thrown out of court in northern California. After a major legal decision was handed down on Jan 21, 2010, the waters have been left very muddied and murky. The confusion is based around what has become very ambiguous and uncertain laws on howm much marijuana a legal patient can have.

gray legal area concerning the maximum amount of cannabis or marijuana a medical marijuana patient can possess.

After a SC decision that resulted in a marijuana possesion charge being dismissed, many other similar outcomes followed. In their ruling, a relatively new state law was struck down by the California Supreme Court. This particular law place a limit (eight ounces) on how much marijuana that medicinal cannabis users could possess. The California Supreme Court decided that when cannabis is needed to treat ailments, that it should be “reasonable.”

In 1996, the California Medical Marijuana Program extended benefits to legalize medicinal marijuana, and there has been a rift between State and Federal officials ever since because the Federal Government considers all possession of marijuana to be illegal. “I wish there was a bright line,” said Bruce Margolin. “It’s the only protection against arrest.” Margolin is one of the nation’s most renowned marijuana defense attorneys.

In Sacramento a carefully observed case did little to clarify what should be viewed as a reasonable amount and in fact made things even more confusing In this closely watched case Matthew Zugsberger was acquitted by a jury of a felony possession charge, yet found that taking three pounds of marijuana from the Sacramento airport to New Orleans was illegal and he was convicted on a felony charge of marijuana transportation. After deliberating for three days, Zugsberger was also convicted of a misdemeanor possession charge, and ended with nothing really being solved. Grant Pegg, Zugsberger’s attorney said, “the jury was absolutely confused”.

Regardless of the complete confusion, no political push to develop guidelines appears in sight and the California Supreme Court has held that this is something that must be orchestrated by the voters.

If you or loved one are charged with possession of controlled substance or Trafficking in Nevada or California, contact Joey Gilbert Law to discuss your rights.

Categories: Criminal Defense
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