Herb Ninja

Judge drops pot growing charges

Court finds that Robert Marshall of Morro Bay was designated as a caregiver for medical marijuana patients

3-29-2005 | Leslie Griffy | San Luis Obispo Tribune

A Superior Court judge dropped marijuana cultivation charges against a Morro Bay man Friday, agreeing that the man was designated a "primary caregiver" by two medical marijuana patients.

According to attorney Louis Koory, it is the first time in San Luis Obispo County such charges have been dropped based on the caregiver status of the accused.

"I think this case just provides a reference point for the county that will help determine the strength and weakness of certain medical marijuana cases," Koory said.

Koory represented Robert Marshall, who was arrested last September after police found 75 marijuana plants at his house.

Marshall had paperwork required by the California's medical marijuana law, Proposition 215, designating him a primary caregiver. Under the law, such caregivers are allowed to grow and dispense marijuana so long as they don't make money from it.

The provision of the 1996 proposition that created the "primary caregiver" status isn't applied consistently throughout the state, leading to confusion for police and prosecutors.

Counties, for example, are supposed to set up a registration system for medical marijuana patients and their growers.

While no such system is in place in San Luis Obispo, Santa Barbara County's Public Health Department has established one.

The different types of paperwork that authorize growing marijuana to be used as medicine make it difficult for police to determine who is a legitimate caregiver, law enforcement officials said.

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