OC Man's Pot Sale Conviction Overturned In Groundbreaking Court Ruling

Categories: Bong Blotter

Glew6x6.jpg
Jay Brockman
Better Call Glew!
The California Court of Appeal appears to have just handed a major victory to medical marijuana dispensaries that follow state law.

Until now, dispensary operators targeted by police have faced the prospect of trying to defend themselves in court without being allowed to argue a so-called affirmative defense citing protection under California's medical marijuana law.

Now, thanks an appeals court ruling that involves a Newport Beach marijuana collective operator convicted of possessing pot with the intent to sell, prosecutors might have a much harder time winning convictions in cases where collectives have followed state law.

The case in question involves a Newport Beach dispensary owner named Borzou Baniani, who was convicted of possession with the intent to sell after being denied an affirmative defense--an earlier trial had resulted in a hung jury.

"What was appealing about [Baniani] was that he definitely came to us with all the boxes checked off," said Christopher Glew, the attorney who handled Baniani's first trial and subsequent appeal. "He had all the initial dealings with attorneys to set everything up legitimately. His books were out there, and everything looked to be above board."

Baniani had formed his Herbal Run collective after a relative became sick and needed access to medical marijuana. In 2010, an undercover Newport Beach police officer used a doctor's note to obtain a small amount of marijuana, which became evidence in the possession with the intent to sell case filed against him.

"Why they even came to target him surprised me," said Glew. "This collective would seem to barely register. But they took it to two separate trials and an appeal. The question is now what will they do with it? A third trial? What are we doing with our resources?"

Two trials later, the court of appeals has ruled that his conviction should be overturned because the judge in the second trial erred in not allowing him to mention medical marijuana law in his own defense.

"This signals a change in the sense that DA's can't look at a case and say, 'I may be able to win just by proving the person possessed marijuana with the intent to sell,'" Glew said. "This decision is another giant step toward legitimacy for medical marijuana patients. It has the potential to end the prosecution of collectives that are attempting to follow the ambiguous laws."

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Email: nschou@ocweekly.com. Twitter: @NickSchou. Follow OC Weekly on Twitter @ocweekly or on Facebook!



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10 comments
IdiotNazis
IdiotNazis

The DA is this Schunck, he's an idiot and a Nazi.  The judge was also an idiot, Hoffer, who can't even stick to the script of the first trial which was fair, the guy is an idiot Nazi from the Feds.  They love doing "do overs" because they are incompetent and not accountable to anyone.

IdiotNazis
IdiotNazis

The DA is this Schunck, he's an idiot and a Nazi.  The judge was also an idiot, Hoffer, who can't even stick to the script of the first trial which was fair, the guy is an idiot Nazi from the Feds.  They love doing "do overs".

xpresspage
xpresspage

Borzou Baniani, Thank you for having the courage to take it so far, your hard work may help the rest of us soon.

thraxz13
thraxz13

I am facing a second trial because Judge Daphney Sykes Scott refused me an affirmative defense in my June of 2012 trial. 11-1 hung Jury with no affirmative defense allowed. I had a 501c-3 non-profit a sellers permit, a State I.D. and State Caregiver card and a Dr.s recommendation. We provided free medical marijuana to terminally ill AIDS/HIV, Cancer and hospice care patients as well as free rides to Dr.s, to the grocery store or bank or to run errands. We also provided a cleaning and catering service. Pro215.com #OCDAISABULLY


Executive Director

Pro215.com

Jason D. Andrews

paullucas714
paullucas714 topcommenter

Chris please file a  lawsuit against the DA's office so they have to overcome that before refiling charges again. 

paullucas714
paullucas714 topcommenter

I would sure like to see some discipline leveled against the DA's office and the individual prosecutors in these cases so they can point the dirty finger at the DA and say "he made me do it". e need reparations after all this bullshit circus act. Im still waiting to hear about Guillermo Avina case being overturned and damages awarded. 

xoxoxoxo
xoxoxoxo

Stupid cops and DA having nothing else better to do than harass people making an honest living.

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