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A father and his two sons were ordered Wednesday to stand trial on charges of growing marijuana.
Wesley Robert Crosiar Sr., 53; Wesley Rudolf Crosiar Jr., 31; and David Christopher Crosiar, 21; were held to answer on a count of marijuana cultivation and another count of possession for sale.
Visiting Judge Richard K. Specchio made his decision following the Crosiars' preliminary hearing in Department 3 of Calaveras County Superior Court.
The three men are scheduled to be arraigned in Department 1 on Dec. 5, Deputy District Attorney Seth Matthews said.
The Crosiars were arrested Sept. 28, 2004, during a raid on their property near San Andreas.
Authorities confiscated 127 mature plants, according to information from Wednesday's court proceeding, which could have been processed into 174 pounds of consumable marijuana.
They had doctors permits to grow the plant for medicinal purposes, as outlined in Proposition 215, but county guidelines allow up to six growing plants and two pounds of processed marijuana.
During a discussion of evidence before the preliminary hearing started, Matthews and defense attorney Steven Cilenti discussed just what amount of marijuana is permissible under state law.
When asked by Specchio if there was any possibility of resolving the matter without going to trial, Cilenti said there was nothing short of dismissal of the charges.
The defendants had permits for the marijuana, Cilenti said, adding there was no sense of having a law setting guidelines if authorities were not going to abide by it.
Matthews argued that the amount of marijuana far exceeded the allowable amount, particularly in Calaveras County.
"How can you possibly think 127 plants this big are for personal use by this many people?" Matthews asked.
Cilenti said the marijuana was for six patients, and state law allows higher amounts.
A section of the Health and Safety Code does set a limit of six plants, but also states that may be exceeded upon a doctor's recommendation.
Cilenti added that the court has previously said it doesn't want to second-guess doctors in this matter.
"We're not doctors here, but the prosecution may ask the court to become a doctor," Cilenti said.
"One-hundred, seventy-four pounds is a whole lot of dope," countered Matthews.
At some point, he said, the limit goes over what's allowable under Proposition 215 "and we're there."
Source: Calaveras Enterprise (CA)
Copyright: 2005 Calaveras Enterprise
Contact: editor@calaverasenterprise.com
Website: calaverasenterprise.com | Calaveras County's Most Trusted News Source
Wesley Robert Crosiar Sr., 53; Wesley Rudolf Crosiar Jr., 31; and David Christopher Crosiar, 21; were held to answer on a count of marijuana cultivation and another count of possession for sale.
Visiting Judge Richard K. Specchio made his decision following the Crosiars' preliminary hearing in Department 3 of Calaveras County Superior Court.
The three men are scheduled to be arraigned in Department 1 on Dec. 5, Deputy District Attorney Seth Matthews said.
The Crosiars were arrested Sept. 28, 2004, during a raid on their property near San Andreas.
Authorities confiscated 127 mature plants, according to information from Wednesday's court proceeding, which could have been processed into 174 pounds of consumable marijuana.
They had doctors permits to grow the plant for medicinal purposes, as outlined in Proposition 215, but county guidelines allow up to six growing plants and two pounds of processed marijuana.
During a discussion of evidence before the preliminary hearing started, Matthews and defense attorney Steven Cilenti discussed just what amount of marijuana is permissible under state law.
When asked by Specchio if there was any possibility of resolving the matter without going to trial, Cilenti said there was nothing short of dismissal of the charges.
The defendants had permits for the marijuana, Cilenti said, adding there was no sense of having a law setting guidelines if authorities were not going to abide by it.
Matthews argued that the amount of marijuana far exceeded the allowable amount, particularly in Calaveras County.
"How can you possibly think 127 plants this big are for personal use by this many people?" Matthews asked.
Cilenti said the marijuana was for six patients, and state law allows higher amounts.
A section of the Health and Safety Code does set a limit of six plants, but also states that may be exceeded upon a doctor's recommendation.
Cilenti added that the court has previously said it doesn't want to second-guess doctors in this matter.
"We're not doctors here, but the prosecution may ask the court to become a doctor," Cilenti said.
"One-hundred, seventy-four pounds is a whole lot of dope," countered Matthews.
At some point, he said, the limit goes over what's allowable under Proposition 215 "and we're there."
Source: Calaveras Enterprise (CA)
Copyright: 2005 Calaveras Enterprise
Contact: editor@calaverasenterprise.com
Website: calaverasenterprise.com | Calaveras County's Most Trusted News Source
