The Law Offices of Glew & Kim were recently successful in negotiating a dismissal on a large indoor cultivation of marijuana grown in Whittier.
The defense, led by Christopher M. Glew of the Law Offices of Glew & Kim, relied on his client's compliance with state law and the lack of probable cause. Mr. Glew argued, against strenuous opposition, that his client was following the State Attorney General's guidelines, released in 2008 by the current Governor of California, Jerry Brown.
The prosecution adamantly opposed this position and, as is usually the case when a person is compliant, argued that the California Attorney General's guidelines for medical cannabis patients, providers and police are not law. Mr. Glew relied upon the codified Health and Safety Code section 11362.81 (d) that states: "In addition to the requirements of this article, the Attorney General shall develop and adopt appropriate guidelines to ensure the security and non diversion of marijuana grown for medical use by patients qualified under the Compassionate Use Act of 1996."
He correctly informed the court that this provision was added by statute, Senate Bill 420, and the 2008 Attorney General guidelines released by Jerry Brown, who was the Attorney General at that time before being elected as the state's Governor.
Lawyers on both sides debated the merits of the defense's claims as they reviewed the guidelines line by line. After stipulating that the defendant was in compliance with the guidelines, the District Attorney agreed to a dismissal of all charges.
When asked about the dismissal, Mr. Glew replied: "It's a good start for patients' rights in California, but we still have a long battle ahead of us."
Christopher M. Glew has a strong background of advocacy for the re-classification of marijuana and other Schedule I substances that have empirically demonstrated therapeutic applications. Mr. Glew is first and foremost an advocate for change and will represent each and every client charged with a marijuana/drug offense with the most zealous defense.
For more information on the Law Offices of Glew & Kim and to read Mr. Glew's blog, please visit www.glewkimlaw.com or call 866-416-2161 for a free case analysis.
- See more at: http://glewkimlaw.com/blog/2012/05/23/marijuana-growers%e2%80%99-charges-dismissed-due-to-defense-by-glew-kim/#sthash.3BlRElQy.dpuf