PFlynn
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Santa Ana, CA -- A person who carries a small amount of marijuana with a doctor's note allowing medical use can't be convicted of dealing the drug just because police thought he was a dealer, a state appeals court ruled Friday.
In overturning an Orange County man's conviction for possessing marijuana for sale, the Fourth District Court of Appeal in Santa Ana said the prosecutor needed more evidence of sales than the opinion of a sheriff's deputy who specialized in investigating narcotics dealers.
The defendant, Christopher Chakos, was arrested in December 2004 in Rancho Santa Margarita near the medical office where he worked as a phlebotomist, drawing blood for lab tests. Officers found seven grams of marijuana in his car, along with a doctor's note recommending pot for his pain and depression.
They found more marijuana, in varying amounts, in a search of his apartment, along with a digital scale and a closed-circuit camera system.
The marijuana totaled about six ounces, less than the eight ounces that medical marijuana patients can possess under state law. But Chakos was convicted of possession for sale based on expert testimony by Deputy Christopher Cormier, who conducted the search and said he had concluded Chakos was a dealer. Chakos was placed on probation for three years.
Source: San Francisco Chronicle (CA)
Copyright: 2007 Hearst Communications Inc.
Contact: letters@sfchronicle.com
Website: SF Gate: San Francisco Chronicle
In overturning an Orange County man's conviction for possessing marijuana for sale, the Fourth District Court of Appeal in Santa Ana said the prosecutor needed more evidence of sales than the opinion of a sheriff's deputy who specialized in investigating narcotics dealers.
The defendant, Christopher Chakos, was arrested in December 2004 in Rancho Santa Margarita near the medical office where he worked as a phlebotomist, drawing blood for lab tests. Officers found seven grams of marijuana in his car, along with a doctor's note recommending pot for his pain and depression.
They found more marijuana, in varying amounts, in a search of his apartment, along with a digital scale and a closed-circuit camera system.
The marijuana totaled about six ounces, less than the eight ounces that medical marijuana patients can possess under state law. But Chakos was convicted of possession for sale based on expert testimony by Deputy Christopher Cormier, who conducted the search and said he had concluded Chakos was a dealer. Chakos was placed on probation for three years.
Source: San Francisco Chronicle (CA)
Copyright: 2007 Hearst Communications Inc.
Contact: letters@sfchronicle.com
Website: SF Gate: San Francisco Chronicle
