Last modified: July 11, 2012 5:56pm CDT
Preliminary Hearing Trial Transcript
February 18, 2004 - page 32
1 I am going to hold the defendant to answer and
2 then handle this matter on a pretrial. And the reason for
3 that is that I am not satisfied that there is sufficient
4 evidence of foundation laid as to the qualifications of
5 the doctor that prescribed the prescription. That is a
6 factual issue that would be there regardless of what the
7 law says in terms of that qualification of the
8 Compassionate Medical Marijuana Act.
9 Since there is a factual issue that I think is
10 lacking in the affirmative defense that might be
11 dispositive of the matter, I think it would be better
12 served to hold him to answer and then deal with it at the
14 MR. SASNETT: One thought that occurs to me as well
15 is that the Court could permit us to reopen at a
16 subsequent date for additional evidence on that limited
17 issue. That might help the court one way or the other.
18 MR. ADAMS; I think it can be done 995.
19 THE COURT: That would be better served on a motion
20 to dismiss.
21 MR. SASNETT: My concern in that regard is the state
22 of the evidence as it would be in the transcript might be
23 insufficient to establish the qualifications of the
24 physician. But if the court were to permit additional
25 evidence at the hearing on the 995, such as, for example
26 testimony from the doctor, documentation from the board of
27 medical quality assurance, or other that might establish
28 one way or the other on that doctor's qualifications