Last modified: July 11, 2012 5:56pm CDT
Preliminary Hearing Trial Transcript
February 18, 2004 - page 27
1 MR. SASNETT: Effect January 1, 2004?
2 THE COURT: Typically it began January 4, 2004.
3 MR. SASNETT: This search Warrant was on November 25,
5 MR. Adams: I don't know that for a fact
6 MR. SASNETT: There was testimony as to the date of
7 the service of the search warrant.
8 MR. ADAMS: I don't know that's the fact that that
9 was the date the law came into effect. This is an issue
10 that coupled with the marijuana, mature versus immature,
11 the nature of the doctor's prescription, the nature of the
12 doctor's diagnosis -
13 THE COURT: As I read this thing, I think it is an
14 affirmative defense if you can establish that in fact
15 there is a doctor that prescribed it. Once again, based
16 on the limitations that counsel has indicated.
17 MR. Adams: If I may, it also says personal use in
18 the code section and this is a lot of marijuana and I
19 would argue well above the personal use standard.
20 As a matter of fact the deputy just reminded me
21 that there was a fresh box of plastic baggies in the
22 house in addition to scales which is a clear indication
23 of sales or one of the indicators for sales.
24 THE COURT: And another issue that I haven't heard
25 here, that I have some difficulty with, in terms of the
26 affirmative defense in this matter is some authentication
27 of the doctor's credentials to be able to prescribe it.
28 You may be able to provide that. But I haven't heard it