[Justonevoice]

By TERI FIGUEROA - tfigueroa@californian.com | Posted: Wednesday, November 4, 2009
Judge finds Temecula man tried to run 'legitimate collective'

A Temecula man cried Wednesday after a judge dismissed criminal charges accusing him of trying to game the state's medical marijuana laws with a collective garden the man ran from his home.

"They are attempting to operate as a legitimate collective," Riverside Superior Court Judge Mark Mandio said at the end of a key pretrial hearing in his French Valley courtroom. "That is how I view the evidence."

In dismissing the case against Martin Jay Victor, Mandio also said vague state laws governing medical marijuana put "law enforcement and patients in an untenable position."

As he listened to the judge toss the case, Victor hugged his attorney, Zenia Gilg, and then pressed his hands to his face. Victor's wife, seated in a wheelchair, embraced a female friend and cried.

When the hearing ended, Victor hugged his wife for a long moment as they both cried.

"It's over," a teary-eyed Victor said, leaning on his cane as he left the courtroom.

After spilling out into the courthouse hallway, some of the couple's supporters, including members of the collective, let out cheers of "Yes!"

Prosecutors had charged 57-year-old Victor with illegally cultivating marijuana and possessing it with the intent to sell. Investigators said Victor possessed more marijuana than legally permissible and questioned whether Victor was gaming the system.

Victor argued through his attorney that the marijuana garden and its harvest were done in line with state laws as well as guidelines laid out by California Attorney General Jerry Brown in August 2008.

Mandio's finding that there was insufficient evidence in the case came at the end of a preliminary hearing, at which prosecutors must show that enough evidence exists to force a defendant to stand trial.

Defense attorney Gilg said she was "thrilled" by the ruling.

"I think the judge did the right thing," Gilg said.

Deputy District Attorney Greg Garrison, who prosecuted the case, declined to comment.

In September 2008, acting on a complaint, Temecula police raided the home of Martin and LaVonne Victor, seizing more than 70 plants as well as what police said was 5 pounds of already harvested marijuana.

During the raid, the couple reportedly showed officers their medical marijuana cards and provided photocopies of cards for 10 members of the cooperative. According to testimony, the couple also kept detailed ledgers that included how much money each member had put into the collective, as well as receipts for expenditures for soil and garden equipment.

Collective member Lanny Swerdlow testified that everyone in the group not only supported the garden with money, but also with time, getting their hands dirty in the cultivation process.

Mandio found that the amount of plants as well as harvested marijuana at the Victors' home were in line with the amount permissible for the collective under the state's medical marijuana laws.

Victor has been diagnosed with optical edema, a swelling of the eyes' optic nerve.

His wife, LaVonne, suffers from multiple sclerosis and panic attacks. Victor said he is also a caretaker for his 82-year-old mother, a cancer survivor who uses a walker, and that she is also a member of the collective. The frail-looking woman embraced her son after the hearing.

In making his ruling, Mandio said the statutes put law enforcement and legitimate medical marijuana patients at risk because there is no licensing agency to which patients can report how much they are growing, what they are harvesting and how much they are allowed to have. Likewise, the judge said, law enforcement officers could go to such an agency to find out just who is growing what and how much.

"We will continue to be in this position ... until the Legislature clarifies the statutes, or better yet, creates such a licensing agency," Mandio said.

Aside from the now-dismissed criminal case Victor had faced, eight members of the collective sued the Sheriff's Department and the city of Temecula last month, arguing that authorities "unlawfully" seized their share of the marijuana.

http://www.nctimes.com/news/local/te...3a390c529.html

[BrattonBasher]

I'm ready to cry myself! Thanks for posting this good news JOV! While this is perhaps not a landmark decision, it will certainly reverberate in police and district attorney circles.

[darkrail]

Great to hear!!!!!!!!!!!!!!!

I hope the folks at NNCC get such a sensible judge. In my opinion, it's crazy to think that a place like NNCC is not legitimate just because it was serving far more people than this place. I was an NNCC patient--a legitimate patient--and they did a great job of taking care of my needs.

Solid places come in both small and X-Large sizes, and everywhere in between.

[Justonevoice]

Originally Posted by BrattonBasher

I'm ready to cry myself! Thanks for posting this good news JOV! While this is perhaps not a landmark decision, it will certainly reverberate in police and district attorney circles.

Yeah everytime I hear a story like this with the right outcome it reassures me that the things I have doen and what I attempt to do daily is right and it does bring tears to my eyes.

[VooDoo Chile]

Is it just me, or does it seem like the courts are waaaaay more in tune with public sentiment with respect to this issue than the legislatures?

p.s. Great news JOV! Thanks for sharing it!

[halosmoker420]

Thank you JOV, amazing case and an even better yet judicial position. Hope is not all lost. Thanks again... great post friend.-H

[STEVE-O]

FRIGGIN' AWESOME !!!!!!!!!!! BEST NEWS I HEARD TODAY !!!

True legitimate MMJ patients & co-op prosper....HELL YES !!

I hope they win their civil suit against the Sherriff & the city for taking their medicine. Hope they gotta pay, as well they should-

STEVE-O

[rafghani]

hello everyone, im dealing with a similar case out of whittier ca, i had 31 plants in my backyard wich belonged to myself & 2 other patients the norwalk sheriff came (on a complaint) took everything & charged me with possesion for sale over 50 pounds WTF!! i only had less than 1/2pound dry in 2 separate containers(difrent strain). so they offer me 1yr in state prison WTF!!! the only real crime im guilty of is having 13 plants over the guidelines in la county so is having 13 plants overlimit costitute a crime punishable with prison???

[LocalBud]

that brought tears to my eyes as well....

[DankJews]

Wow That's Some Emotional Shit! I'm Glad Civilization is SLOWLY Starting To Become More Aware Of What Is Right And What Is Wrong, Lets Cut It Express, The Past 100 Years Of Civilization Has Done Nothing But Ruins, Everything From A-Z! I'm Happy For Them And I Hope This Guy Doubles His Crop Size!!!

.:Stay Medicated:.

[Greenbud]

Originally Posted by VooDoo Chile

Is it just me, or does it seem like the courts are waaaaay more in tune with public sentiment with respect to this issue than the legislatures?

p.s. Great news JOV! Thanks for sharing it!

I smell Judge up for re-election!

GB

[billdotcom]

great news ... bout time the courts started weeding through these stupid charges and letting innocent law abiding citizens get on with their lives. hope nncc gets the same when their day comes.

[xanadeau]

really great news

[OREL]

This is wonderful news. Congratulations!!

[Smilodon]

Originally Posted by rafghani

hello everyone, im dealing with a similar case out of whittier ca, i had 31 plants in my backyard wich belonged to myself & 2 other patients the norwalk sheriff came (on a complaint) took everything & charged me with possesion for sale over 50 pounds WTF!! i only had less than 1/2pound dry in 2 separate containers(difrent strain). so they offer me 1yr in state prison WTF!!! the only real crime im guilty of is having 13 plants over the guidelines in la county so is having 13 plants overlimit costitute a crime punishable with prison???

Step by step these cases must be corrected. I can only hope you have a reasonable judge that will follow the intent as well as the letter of the law. Once the regulations are in place we can only hope for a review of cases such as these to remedy the injustice.

[Juba]

Originally Posted by Justonevoice

During the raid, the couple reportedly showed officers their medical marijuana cards and provided photocopies of cards for 10 members of the cooperative. According to testimony, the couple also kept detailed ledgers that included how much money each member had put into the collective, as well as receipts for expenditures for soil and garden equipment.

Collective member Lanny Swerdlow testified that everyone in the group not only supported the garden with money, but also with time, getting their hands dirty in the cultivation process.

Clearly, these people should never have been charged, and the case should not have gone to trial. It is an outrageous abuse of power by out of control LE. This couple should sue the county. There ought to be a lawyer somewhere who will take this case on contingency. It could be a gold mine of money and publicity.