cannabisnews.com: Pot Case May Hinge on Profit from Club Sales Pot Case May Hinge on Profit from Club Sales Posted by FoM on March 17, 2001 at 10:18:08 PT By Clark Mason, The Press Democrat Source: Press Democrat Scraps of paper with names and dollar amounts could help a jury decide whether a Petaluma pot farm was a legitimate source of medical marijuana or a convenient way to make money. During the first week of a trial in Sonoma County Superior Court, prosecutors presented the scratch paper and other documents as evidence of illicit drug transactions.The defense, in turn, said they represent purchases of pot to supplement a large crop being grown for a San Francisco medical marijuana buyers' club. The clashes have extended beyond interpretation of the evidence, in what is believed to be the state's first jury trial involving suppliers of a medical marijuana club.Defense attorneys moved for a mistrial at one point, objecting to the testimony of Sheriff's Deputy Steve Gossett, who ventured a legal opinion they said was improper. Gossett, a drug officer, said he did not believe one person could be a caregiver for 1,280 people.That is a crucial question for jurors deciding whether Ken Hayes and Michael S. Foley were dealing drugs or following the state's medical marijuana law.The law, approved by voters in 1996, allows people to use marijuana with a doctor's recommendation. It also has a provision covering caregivers.Defense attorneys asked for a mistrial after Gossett twice expressed his view about the caregiver issue.Judge Robert Boyd denied the request, but cautioned the officer to withhold his opinion.Gossett, an expert on marijuana cultivation, has been the sole witness to testify over the first three days. His cross-examination will continue Monday.Hayes and Foley say they were employees of the Castro district club known as CHAMP, or Cannabis Helping People Alleviate Medical Marijuana Problems.They say the San Francisco Board of Supervisors approved of the marijuana buyers club.Sonoma County District Attorney Mike Mullins says the cannabis club is not on trial, just the two men linked to an 899-plant farm on King Road in Petaluma."We have no problem with the club," said prosecutor Carla Claeys. "It did some good things."Gossett, the main witness for the prosecution, said he believes Hayes was selling marijuana at a profit to CHAMP, saying it is the same as brokering an illicit deal.Gossett said records seized at Hayes' place indicate he made more than $1,300 on one transaction in which he bought and then resold 2.4 pounds of marijuana and one pound of hashish to the club.Hayes' attorney, William Panzer, said Friday there is a reasonable explanation which he expects will emerge later in the trial.He previously has said courts have allowed caregivers to recoup their expenses.Under questioning by Panzer, Gossett acknowledged that it was difficult to tell whether the numbers on the documents represented sale or purchases of marijuana, and could be either.Gossett estimated the plants in the greenhouses and barns at the King Road location could produce a crop of 112 to 168 pounds, with a value ranging from $358,000 to $539,000.Prosecutors displayed burlap bags filled with some of the marijuana seized from Hayes and Foley.In response to a question by Panzer, Gossett conceded that 1,280 club members could go through all the marijuana in as little as a week, based on guidelines for medicinal marijuana users in a federal program.Gossett said the six greenhouses on the property were producing a new crop every two weeks, and it is likely a large amount of marijuana had already been cultivated before officers halted the operation on May 14, 1999.Panzer challenged assertions that Hayes was making a lot of money selling marijuana."What kind of Ferrari did Mr. Hayes own? What kind of Ferrari did he drive?" Panzer asked.Gossett replied that Hayes drove "a beat-up truck and old red Mazda" and there wasn't a large amount of money in his bank account, fancy furniture or expensive jewelry in the home.Panzer contends Hayes had no incentive to sell pot on the black market, saying he had built-in customers at the club who would buy everything he had and more.Asked what reason Hayes would have to sell it elsewhere, Gossett replied, "some people just get a thrill out of dealing dope."You can reach Staff Writer Clark Mason at 568-5312 or e-mail: cmason pressdemocrat.comSource: Press Democrat, The (CA) Author: Clark Mason, The Press DemocratPublished: March 17, 2001Copyright: 2001 The Press Democrat Address: P. O. Box 569, Santa Rosa CA 95402 Fax: (707) 521-5305 Contact: letters pressdemo.com Website: http://www.pressdemo.com/ Forum: http://www.pressdemo.com/opinion/talk/ Related Articles & Web Site:C.H.A.M.P.http://www.champsf.org/Pot Trial Focuses on Reason for Growing http://cannabisnews.com/news/thread9005.shtmlCannabis Club Pot-Growing Trial Begins http://cannabisnews.com/news/thread9003.shtml Home Comment Email Register Recent Comments Help Comment #5 posted by FoM on March 22, 2001 at 11:48:36 PT: News Brief from The Press Democrat Pot Trial Moving Too Slow, Judge SaysAround the Empire Source: Press Democrat, The (CA) Author: Clark Mason, The Press DemocratPublished: March 22, 2001Copyright: 2001 The Press Democrat Address: P. O. Box 569, Santa Rosa CA 95402 Fax: (707) 521-5305 Contact: letters pressdemo.com Website: http://www.pressdemo.com/ Forum: http://www.pressdemo.com/opinion/talk/ The judge presiding over a high-profile medical marijuana case expressed frustration Wednesday at the slow pace of the trial, saying unless things move more quickly, there is a danger of losing jurors."We're in the third week and we're still on our first witness," Sonoma County Superior Court Judge Robert Boyd said. "We need to move to the central issues and get the trial completed."The trial involves defendants Ken Hayes and Michael S. Foley, who were growing marijuana for a cannabis buyers club in San Francisco. Prosecutors contend they were selling it illegally while defense attorneys say they were providing "medicine" to sick and dying people, as allowed by state law.The judge's exasperation seemed directed primarily at defense attorney William Panzer, whom he warned once to "stop interrupting me."Panzer has had pointed disagreements with the judge over legal issues and has repeatedly challenged the first witness, sheriff's detective Steve Gossett, about his expertise on botanical facts, such as the survival rate of plant clones.-- Clark Mason My Medical Marijuana Page [ Post Comment ] Comment #4 posted by Austin on March 21, 2001 at 06:16:59 PT put every coment a cop makes under a microscope Oh by the way ,I wanted to point out another thing. This is how stupid the drug oficer really is . First the dip-shit cop says ," I dont think one person can be a care giver to 1280 people " THEN he turns around and concedes that the members could go thorough that in as litle as a week . Did they have to torture him to get him to tell the truth on that huge detail . Im really suprised that he didnt say that is far to much pot . that not even sick people need that much pot . But lucky for him the judge ( co-conspiritor) told the cop to keep his opinions quiet. I would really like to be there for this one. Austin [ Post Comment ] Comment #3 posted by NiftySplifty on March 18, 2001 at 01:49:17 PT Classic, as always. We have no problem with the club," said prosecutor Carla Claeys. "It did some good things."So, the club was wonderful, but the guy who grew the marijawanna was an evil, thrill-seeking drug lord who must be stopped?! Okay.Gossett replied, "some people just get a thrill out of dealing dope."Yeah? Well, some people just get a thrill out of being an asshole.Nifty... [ Post Comment ] Comment #2 posted by dddd on March 17, 2001 at 21:37:37 PT "profit",,,,indeed Good points Austin.This is good in the way that we are now seeing the anti cult having toclaw their way out of looking like the foolish asses that many of them are.This evil drug lord was driving one of those beat Mazda-Ferraris,,and the pickuptruck was one of those new Plymouth-Lambogini Club Cabs....How dare hetry to charge sick people for gas money,and a hamburger. [ Post Comment ] Comment #1 posted by Austin on March 17, 2001 at 20:28:51 PT Paid Since when is it a crime for a farmer to profit from his crops? I don't see wine growers being prosecuted for living like kings. I don't see this D.A. getting in a twist over how much money the pharmaseutical industry is putting away. How much is this D.A. getting paid? Probably too much. [ Post Comment ] Post Comment Name: Optional Password: E-Mail: Subject: Comment: [Please refrain from using profanity in your message] Link URL: Link Title: