cannabisnews.com: Judge Orders Pot-Growing Preachers To Stand Trial Judge Orders Pot-Growing Preachers To Stand Trial Posted by FoM on December 21, 2000 at 09:10:43 PT By Francis P. Garland, Lode Bureau Chief Source: Stockton Record Two Wallace ministers who claimed to be growing marijuana for people who had a legal right to it were ordered Wednesday to stand trial for illegal cultivation.Ricky Dewayne Garner, 42, and his wife, Sue Melinda Garner, 40, were held to answer in Calaveras County Superior Court on charges of illegal cultivation of marijuana, a felony. However, Judge Nels Fransen ruled after a lengthy preliminary hearing the Garners would not have to face a misdemeanor charge of contributing to the delinquency of a minor.The latter charge stemmed from law enforcement's belief that the Garners permitted and encouraged their 15-year-old son to use marijuana. A doctor testified she had prescribed marijuana to treat the boy's medical condition, which she would not reveal.Fransen ordered the Garners to appear in Superior Court on Jan. 8 for arraignment on the cultivation charge.Sue Garner said after the hearing she was pleased the misdemeanor count was dismissed but said Fransen misinterpreted Proposition 215, which makes it legal for people suffering from certain medical conditions to use marijuana if they have a doctor's recommendation or approval.The law also states that marijuana possession and cultivation laws do not apply to legitimate patients or their primary caregiver, defined as the person who has "consistently assumed responsibility for the housing, health or safety" of a patient.The Garners' attorneys maintained their clients were assuming the role of caregivers for more than a dozen people -- including some as far away as Bakersfield -- by growing the marijuana on their property."We provided a healthy product from a safe environment -- or we would have," said Sue Garner, referring to the fact that law enforcement agents uprooted 290 marijuana plants they found growing on three different spots on their property during a search in August.Fransen, in making his ruling, said he questioned the Garners' ability to serve as primary caregivers for those living hundreds of miles away.Prosecutor Seth Matthews raised the same argument."What type of caretaking can be given to someone in that situation?" Fransen asked. "Could you be a caretaker to my aunt in London?"The Garners are ministers of the Northern Lights Church, a Universal Life-affiliated church that believes cannabis is a "physical and spiritual healing sacrament from times of antiquity," according to the church's Web site.The Garners made no effort to hide their marijuana crop and in fact posted signs alerting law enforcement officials that it was being grown for medicinal purposes.Sheriff's Deputy Gary Stevens testified that the amount of marijuana found growing on the property was more than two or three -- or even five -- people needed for personal use.But Stevens also testified that during the search of the property, agents found written doctors' recommendations for the use of medicinal marijuana for both Ricky and Sue Garner and 16 other people.Stevens also testified that one of the people he interviewed following the bust indicated that the Garners would not accept money for the marijuana they provided him.Stevens also testified that agents found no evidence that the Garners had sold marijuana to anyone. Processed marijuana found inside the house was packaged in a way that indicated it was for personal use -- not for sale, Stevens testified.However, Stevens said it was his suggestion during the raid that the marijuana be eradicated because he believed it was too large a crop to be grown for medicinal use.When asked what he thought would be an acceptable number of plants for someone to grow for personal medicinal use, Stevens replied, "Two to maybe six." Complete Title: Judge Orders Pot-Growing Preachers In San Andreas To Stand TrialSource: Record, The (CA)Author: Francis P. Garland, Lode Bureau ChiefPublished: December 21, 2000Copyright: 2000 The RecordAddress: P.O. Box 900, Stockton, CA 95201Fax: (209) 547-8186Contact: editor recordnet.comWebsite: http://www.recordnet.com/Related Articles & Web Site:Northern Lights Churchhttp://northernlightschurch.org/Pot Grower's Case Could Break New Ground http://cannabisnews.com/news/thread7440.shtmlSacrament or Sacrilege? http://cannabisnews.com/news/thread6845.shtmlCalaveras Raid on Church Nets 287 Pot Plantshttp://cannabisnews.com/news/thread6628.shtml Home Comment Email Register Recent Comments Help Comment #6 posted by mungojelly on December 23, 2000 at 09:41:53 PT: people are going to have to pay attention this is how we are profitting from the mmj issue... people are going to have to start paying attention to marijuana. in the past they have been able to say "marijuana has 6,000,000 times more tar than cigarettes! it gives you lung cancer instantly!" and no one would contradict them no matter how out of the blue their suggestions were. now, when they say "marijuana can't be medicine because you smoke it! they'll get lung cancer instantly! 6,000,000 times more tar!" the patients stand up and say "vaporizers, brownies, dumb cops." we've been saying for a long time that you don't have to smoke weed to get high, but they'd never ever print what we say in the newspaper. now they have to print it. with this issue of plant yields, we are once again going to be able to publicly confront the drug war establishment on some of the absurd lines that it has been badgering us with. you see, the reason why cops think that a mmj patient would only need two plants, is that when they bust a grower with 12 plants in their basement they try to put that guy in prison. they paint a grower of a dozen plants as the mastermind of a vast criminal conspiracy, selling marijuana far and wide to our nation's schoolchildren. one might wonder: why are they so hung up about setting low grow limits for mmj patients? do they think these people injected themselves with AIDS just so that they would have a front for their vast marijuana empires? no, no, this is why they care: if a mmj patient can grow dozens of plants for their personal use, then someone who is busted for growing a few dozen plants in their basement can't be tagged with "manufacture with intent to distribute." IOW, lying about plant yields is just as much a part of marijuana prohibition as any of their other lies. but we're not going to let them get away with lying much longer. [ Post Comment ] Comment #5 posted by Stripey on December 21, 2000 at 22:30:32 PT dddd I was going to go right for that 2, maybe 6 thing as well. . .I guess it screamed "make fun of me!" lolThat seems kinda weird. "Two, maybe six." A bit of a jump. . . considering that the span between the low number and the high number is 200%. . . sounds like a real accurate estimation. . . Apparently the officer didn't have to take math wherever he got his high school diploma. . . if he did. . . =) [ Post Comment ] Comment #4 posted by freedom fighter on December 21, 2000 at 16:32:23 PT Sheriff Stevens is a garden expert! One wonder if he has a degree in gardening or is it a Law Enforcement in Gardening?? This is a waste of a friking $$$$.I once grew 4 plants and only got miserable 3 grams of smokes.One only has a 50% chance on each seed they may plant.Everyone knows that male plants are not the product the smokers are after.Waste of resources going after sick people who needs them. I just do not understand this. Stop this insanity! [ Post Comment ] Comment #3 posted by dddd on December 21, 2000 at 12:57:04 PT "Two to maybe six." This is going to be an ongoing controversy,when it comes to the question of how many plants per patient is legal. If you try to measure on a "per plant" basis,to try and estimate the yeild;you enter a very nebulous area.An exotic strain of Hindu Kush,may grow to be 6 or 7 feet tall,and yeild massive quanities.On the other hand,you could be growing some Alpine Bonzai Indica,and one stubby little plant would only yeild a half oz of medication. Cases such as this are going to confuse the enforcers,and hopefully shine a light on the ridiculousness of marijuana prohibition.......dddd [ Post Comment ] Comment #1 posted by Phyro_the_Dragon on December 21, 2000 at 11:59:30 PT: Here We Go Again ? It's the Kurby's all over again The anti's think that Everyone has a green thumb. If the feds would set up people to Grow For people with medical perciptons for Marijuana then People like the Kurbys the Good Preacher would'nt half to grow for them selfs or other people......Peace & love..... [ Post Comment ] Post Comment Name: Optional Password: E-Mail: Subject: Comment: [Please refrain from using profanity in your message] Link URL: Link Title: