palmspringsbum - Felony Cultivation Preliminary Hearing Trial Transcript

                                                       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,
 
 4  2003.
 
 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