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Morongo Valley
Felony Cultivation
Return of Property Motion 6
Felony Cultivation
HUD/DFEH Complaint
Last modified: July 11, 2012 5:56pm CDT
Return of Property Motion
May 07, 2004 - page 6

1 2d 216, 222 [153 P.2d 344].) Of course, in the absence
of reasonable or probable cause to believe that a de-
3 fendant is guilty of possession or cultivation of mari-
juana, in view of his or her status as a qualified pa-
3 tient or primary caregiver, the grand jury or the mag-
istrate should not indict or commit the defendant in
4 the first place, but instead should bring the prosecu-
tion to an end at that point.
And in People v. Tilehkooh (2004) 113 Cal.App.4th 1433,
We are directed to give sense to all of the terms
8 of an enactment. To do so requires that we give effect
to the purposes of section 11362.5 to ensure the right
9 to obtain and use marijuana. In particular, we must
give effect to subdivision (b)(1)(A), which estab-
10 lishes a "right to obtain and use marijuana for medi-
cal purposes" and which links the right to use mari-
11 juana with the prohibition on the imposition of a
"criminal prosecution or sanction." It is readily ap-
12 parent that the right to obtain or use marijuana is
not "ensure[d]" if its use is not given protection
13 from the adverse consequences of probation. Since the
use of marijuana is not a crime, the term "prosecution
14 or criminal sanction" must be read to apply to any
criminal sanction for the use of marijuana [including
15 probation].

16 III.

17 Conclusion

18 For the foregoing reasons the defendant requests this court

19 grant the motion and order the return of defendant's property to

20 defendant.


22 Dated: May 7, 2004

23 Respectfully submitted,
24 Law Offices of the Public Defender



27 William B. Sasnett, Jr.
Deputy Public Defender
28 Attorney for defendant
Jeffrey Craig Canada

Page 6 of 7
Defendant's Motion for Return of Property

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