California medical marijuana patient arrested again for pot cultivation

 Posted on February 21, 2013 in Drug Crimes

For the second time in roughly a-year-and-a-half, a California medical marijuana patient has been charged with marijuana cultivation charges after police raids in two separate counties.

In September 2011, Butte County officials conducted a raid on a home in rural Concow, California. Police reportedly seized marijuana plants during that raid. Authorities say that 39 plants were found. The residents of the home were arrested on suspicion of marijuana cultivation charges, despite California's medical marijuana laws.

Authorities brought felony drug charges accusing the residents of possession of marijuana and possession with intent to sell pot. Child endangerment and abuse charges were also filed based upon the presence of children and the medical marijuana patient's consumption of marijuana while breastfeeding, according to authorities.

The woman and her partner each reportedly have medical documentation to show that they are medical marijuana patients. The woman, a 30-year-old mother of two (at the time of the 2011 raid), had her children taken away by child welfare services after her arrest. The children were later returned-- however, the criminal charges remained in place. The woman gave birth to a third child and the couple moved away from Butte County late last year.

The mother of three was scheduled to appear in court to review conditions of release in the Butte County case in January. The day before her court appearance, Tehama County officials conducted a raid on her Red Bluff, California residence, where law enforcement reportedly seized 58 pot plants. The woman now faces a second round of marijuana cultivation charges. Her partner has also been charged in Tehama County-the two reportedly have separated.

In addition to the additional charges, child welfare has jumped in once again to take the children from their mother.

This blog has previously discussed the haze surrounding California's medical marijuana laws. While the state has made the use of medical marijuana legal, difficulties persist in real world application of the law. However, our system of justice recognizes that charges are not an indication of guilt, or unlawful conduct. A person accused of violating the law has the due process right to challenge criminal charges in our California courts.

Source: Salem News, "Medical Marijuana Patient Daisy Bram to be Arraigned Feb 20 in Tehama County," Feb. 19, 2013