|“Just put it all right back in the trunk, there, officer.”|
A judge Friday ordered the the return of 60 pounds of pot to a man after his attorney successfully argued that California’s medical marijuana law gives him the right to transport it.
Saguro Doven, 33, had been charged with possession of marijuana for sale and transportation of marijuana, reports Gerrick Kennedy of the Los Angeles Times.
Doven could have faced up to four years in state prison if found guilty.
|Toke of the Town is totally impressed with the excellent work of defense attorney Glen T. Jonas in this case.|
Defense attorney Glen T. Jonas argued his client was a member of a Venice-based medical marijuana collective, and that he was authorized to transport the pot. California Attorney General Jerry Brown’s medical marijuana guidelines do, in fact, indicate that collectives are allowed to both grow and transport quantities of cannabis for their members.
Jonas said the prosecution’s expert witness, CHP Sgt. Richard Fuentes, was unqualified to offer an expert opinion in the case because he didn’t know what distinguished lawful from unlawful marijuana possession and transportation, according to court records.
Fuentes testified that only caregivers may transport or carry large quantities of marijuana. The law, however, says that members of a collective may transport marijuana on behalf of the group, and are exempt from prosecution.
Los Angeles County Superior Court Judge agreed that Fuentes was unqualified and ordered the charge of possession for sale dismissed. On Monday, the L.A. County district attorney’s office asked that the remaining transportation count be dismissed as well.
Doven’s attorney then asked for the 60 pounds of marijuana to be returned — a request the judge granted.
“Although justice was delayed, I am thankful it wasn’t denied,” Doven said.
The pot was bundled in individual bags that were tucked inside a larger duffel bag when Doven was pulled over on the 101 Freeway by a California Highway Patrol (CHP) officer, court records show.