Unforunately, the person who was arrested for alleged "sales" was on probation. Because he was on probation, the officers were not required to have a search warrant to enter his property. In addition, because he was on probation, there may be no trial or ability to examine their source for alleging that there were sales of marijuana. They could simply violate his probation and hold him in jail for the time set for probation.
At this point, we are not sure that there will be any court hearings concerning the alleged criminal charges.
Sheriff Gary Penrod has been quoted as saying that he does not believe in Proposition 215 and will arrest people first and then have the issue sorted out in court. Sheriff Gary Penrod is basically saying that even if the people pass a law, he does not have to uphold that law.
This person had his note from his doctor for medical marijuana. In addition, he had worked with disabled people as a medical professional in the past. When he was facing charges in the past concerning these medical marjuana issues, he did a plea bargain. As part of the plea bargain there were plant numbers set by the court as well as probation time and other conditions.
I think it is very disappointing that the people expressed their opinion and passed the law of proposition 215, however, the law was not expressly written so that it could be clearly enforced. This left gray areas and law enforcement has been using those gray areas to go after people who are involved in trying to implement proposition 215. Many people's lives are being destroyed because of this. The State Attorney General has failed to set the record straight so that the law is clear and has allowed the prosecution of these people.
I think it is wrong. We the people voted for this law. The State Attorney General should clarify it and uphold the law.