cannabisnews.com: Lode Pot Preachers Could Face New Charges 





Lode Pot Preachers Could Face New Charges 
Posted by FoM on November 15, 2001 at 11:06:56 PT
By Francis P. Garland, Lode Bureau Chief 
Source: Stockton Record 
Two Wallace ministers on probation for misdemeanor marijuana possession could face new drug charges stemming from a search of their property last week. The Rev. Ricky Dewayne Garner, 43, and the Rev. Sue Melinda Garner, 40, ministers with the Northern Lights Church, were subject to a probation search that led to the execution of a search warrant by Calaveras County sheriff's deputies. Officers confiscated 67 marijuana plants and left 18 other plants undisturbed in last Thursday's search. Ricky and Sue Garner, as well as their son, have doctors' recommendations for medicinal-marijuana use. 
The Garners last year were charged with felony cultivation stemming from an August 2000 raid, during which officers found 290 marijuana plants and seized weapons, smoking pipes, growing equipment, church documents and doctors' recommendations for medicinal-marijuana use. As part of a plea bargain, the Garners pleaded guilty to misdemeanor marijuana possession in exchange for the dismissal of the felony cultivation charge. They were placed on two years' informal probation and ordered to abide by California's Proposition 215, which legalized the use of marijuana for medicinal purposes. The Garners also were ordered to follow the county's own medicinal-marijuana guidelines, which allow those with doctors' recommendations to posses up to 2 pounds of marijuana and six plants. The same limits apply for those considered caregivers under Proposition 215. J. David Nick, Sue Garner's attorney, said in relation to last Thursday's bust that the Garners could sue law enforcement, because they believe they were following the law and their probation terms. In addition to having doctors' recommendations for their own medicinal-marijuana use, the Garners consider themselves "lawful caregivers" under Proposition 215, because they provide medicinal marijuana for a number of legitimate medicinal-marijuana users, Nick said. But Sheriff's Department Capt. Ron McFall said he does not believe the Garners fit the criteria for being primary caregivers. Nick called the search and subsequent confiscation of the Garners' marijuana plants "renegade conduct." But Jim Moffett, the county's chief probation officer, said the search "revealed items that we think constitute a new crime. But that will be something for the district attorney to involve himself with and for the court to eventually address." McFall said he believes the evidence found at the Garners' property would support a probation-violation charge as well as a new criminal charge of cultivation. District Attorney Jeffrey Tuttle said he likely would make a decision on the probation-violation charge by the end of the week. If his office pursues that course, the matter likely would proceed to an order for a show-cause hearing, which could result in the Garners being ordered to spend up to a year in county jail. Note: Calaveras County sheriff's deputies conduct new search of property. Source: Record, The (CA)Author: Francis P. Garland, Lode Bureau ChiefPublished: November 15, 2001Copyright: 2001 The RecordContact: editor recordnet.comWebsite: http://www.recordnet.com/Related Articles & Web Site:Northern Lights Churchhttp://northernlightschurch.org/Lode Judge Disqualified From Pot Preachers' Case http://cannabisnews.com/news/thread10218.shtmlLode Judge Disqualified From Pot Preachers' Case http://cannabisnews.com/news/thread9863.shtml
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