San Francisco-Father and son growers acquitted

[budlykush]

Breaking news-

http://www.sfgate.com/cgi-bin/blogs/crime/detail?entry_id=59261

Quote:

"Prosecutors ran straight into a new wrinkle in medical marijuana cases. No longer is there a set standard for what can clearly be seen as cultivation, as opposed to personal use. Instead, a jury is charged with determining what is considered reasonable for a person's medical needs.

In the Chang's' case, both men's attorneys said their clients needed the plants to meet their daily needs. Was more than three dozen plants excessive? The Chang's had an expert who said the men simply were not making the most of what they had, so the fact that they had so many plants should not be counted against them."



Great news on just how much you can have and how some juries see how the limits are tailored to the individuals needs.

BK

 

[Yes4Prop215]

San Francisco growers beat the rap! 70 plants, 2 guns, etc.....

San Francisco growers beat the rap! 70 plants, 2 guns, etc.....

http://www.sfgate.com/cgi-bin/blogs/crime/detail?blogid=144&entry_id=59261

San Francisco's effort to snuff out the budding indoor pot-growing trade took a bit of a hit, shall we say, when a father-and-son team of marijuana growers beat the rap.

It seemed like a pretty good haul for police and a good case for prosecutors: About 70 marijuana plants in various stages of development inside a 32nd Avenue home near Pacheco Street in the Sunset, two guns, scales, baggies and an illegal power-sapping hookup -- all the characteristics of the pot farms sprouting up in the avenues.

The three-room pot farm's father-and-son proprietors were charged with marijuana cultivation for sale. They could have been sentenced to as much as three years in state prison apiece if convicted.

But last week, the case went south and the two men, Thomas Chang, 62, and his son, Errol Chang, 30, were acquitted by a San Francisco jury.

Their defense? They needed the marijuana for a variety of maladies, from nightmares to neck pain to schizophrenia. Both had a cash-only doctor's recommendation to use the drug.

The father, a retired security guard, truck driver, patrol special police officer and teacher, said he and his son both needed at least four cigar-sized joints a day to make it through.

Prosecutors ran straight into a new wrinkle in medical marijuana cases. No longer is there a set standard for what can clearly be seen as cultivation, as opposed to personal use. Instead, a jury is charged with determining what is considered reasonable for a person's medical needs.

In the Changs' case, both men's attorneys said their clients needed the plants to meet their daily needs. Was it excessive to be growing 70 plants? The Changs had an expert who said the men simply were not making the most of what they had, so the fact that they had so many plants should not be counted against them.

Kenneth Quigley, the attorney for the father, said this was no pot farm. "They were doing the minimum required to grow pot -- you have to use three separate rooms," he said. "The law says ... you can possess whatever you reasonably need, considering your current medical problems."

The defense attorney added that the Changs "had grow permits -- they had five of them posted on the walls throughout the house." The grow permits are issued by an Oakland organization that confirms that the grower has a doctor's recommendation.

Police officers' testimony that they hadn't seen any posted permit in the house "was a stupid and unnecessary lie that caused the jurors to disbelieve the rest of their story," Quigley said.

Richard Hechler, the prosecutor, said jurors with whom he had spoken said there wasn't enough evidence that the Changs were cultivating the marijuana for sale.

"They wanted videotapes, they wanted better photographs, they wanted measurements," Hechler said.

He added, "They felt bad for the dad -- he testified that he won two Bronze Stars in Vietnam and he suffers insomnia from the terrible experiences he had 40 years ago."

Read more: http://www.sfgate.com/cgi-bin/blogs/crime/detail?blogid=144&entry_id=59261#ixzz0iOYdBxz2


WOOHOOO! apparently they used the excuse that they needed 4 huge cigar sized joints every night, EACH to alleviate their symptons.

The case was dropped, gotta love San Francisco! FUCK THE POLICE AND THE DA!!!

 

[Zen Master]

well my question is this, obviously a 10 foot tall blue dream plant is going to yield quite a bit more than a "root to fruit" og kush clone.

if I were to have a legitimate amount of eighth sized plants, that would be a large number of plants, whereas one huge plant could equal this, we dont all have the resources to grow monsters so what qualifies someone as an 'expert' on yield of various strains of cannabis?

 

[Hydro-Soil]

There are thousands of people reading this website..... that would have a hard time coming up with a half pound... with 500 plants.

Finally a breath of fresh logic in the judicial system. Yaaaay!

Stay Safe!

 

[Open Eyes]

I read that and found the jury to be sane.

"Police officers' testimony that they hadn't seen any posted permit in the house "was a stupid and unnecessary lie that caused the jurors to disbelieve the rest of their story," Quigley said."

You can see the LEOs intention above. Bust and let the courts sort it out. We need more cases like this since the LEOs get bitch slapped for wasting tax payers money.

 

[gaiusmarius]

wow those guys must be so relieved to be believed. props to the jury. posting your med license and docs all over the grow room is called the porcupine strategy, it stops the cops ignoring it and stops the judge keeping the medical background away from the jury.

 

[dr. tree]

We're very happy for dad and son. Go get some real criminals Mr. Policeman!