Marijuana Grower Wins Restraining Order Against County

Marijuana Grower Wins Restraining Order Against County

By Steve Elliott ~alapoet~

Thursday, September 15, 2011, at 7:20 pm

KFSN

Richard Daleman, 63, has gone up against Tulare County twice and come out on top both times. Back in 2009, he got a court order forcing sheriff's deputies to return more than 12 pounds of marijuana to him. Now he got a restraining order preventing the county from seizing more than 4,000 marijuana plants on his property.

​A Tulare County, California medical marijuana collective won a big, but possibly temporary victory in court Wednesday.

A judge granted Richard Daleman, 63, a temporary restraining order against the county. It prevents county officials from seizing 4,000 medicinal cannabis plants on his property, reports KFSN.

Under California law, Daleman is allowed to have the plants on his five-acre property, but a Tulare County ordinance prohibits it. About 40 medical marijuana cardholders rent space on Daleman's farm to grow their own medicine.

More than 4,000 marijuana plants grow on the property.

Steve R. Fujimoto

Daleman inspects some of the more than 12 pounds of marijuana returned to him by the county in 2009

​This isn't the first time Daleman, a native of England, has gone up against Tulare County in court; he also won a court battle in 2009. At that time, a jury found Daleman not guilty of trying to sell and distribute marijuana.

A judge ruled that the medical marijuana confiscated from him by Tulare County sheriff's detectives had to be returned. In April 2009 Daleman and his public defender, Andy Rubinger, retrieved just more than 12 pounds of marijuana from the courthouse evidence room.

"There were about three ounces missing," Daleman said at the time.

Tulare County's new medical marijuana ordinance dictates that grows should be located in a "commercial location" and they need to be secured indoors for safety reasons. Investigators claimed Daleman's home doesn't fit either category.

Steve R. Fujimoto

Daleman wheels out 12 pounds of marijuana that was returned to him at Tulare County Courthouse in 2009

​"This is an Englishman standing up for American rights," Daleman said. "And I'm entitled to the same rights as anyone else that was born in the United States."

According to Daleman, someone has to stand up and challenge what he called a "flawed" legislative system."

"If they can answer why I can have or my other people can have a state card issued by Tulare County that they should run by state law instead of their stupid ordinance," Daleman said when he filed for the restraining order last week, reports Tommy Tran at KFSN.

The county's eradication of the plants would negatively affect Daleman's business, the judge ruled on Wednesday. Another hearing is scheduled for next month.

Tags: california, daleman, tulare county

Judge Orders CHP to Return 60 pounds of Marijuana

Judge Orders C.H.P. to Return 60 Pounds of Marijuana to Defendant

Today January 8, 2010, defense attorney Glen T. Jonas, argued in a motion to return property, that the court should order the C.H.P. to return 60 pounds of marijuana to his client, following the dismissal of felony criminal charges of possession for sale and transportation. The Honorable William N. Sterling presiding, in Dept 133., granted the defense motion and ordered the C.H.P. to return 60 pounds of marijuana to the defendant.

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Defense Attorney Glen T. Jonas

"Medical Marijuana is the new frontier. Attorneys must break free of their paradigm and recognize that Marijuana is an asset, it is legal medicine, and when law enforcement seize it, they should file a motion to get it back." Glen T. Jonas

Los Angeles, CA (PRWEB) January 8, 2010

Today January 8, 2010, in Case #BA350238, Los Angeles Superior Court, defense attorney Glen T. Jonas, argued in a motion to return property, that the court should order the C.H.P. to return 60 pounds of marijuana to his client, following the dismissal of felony criminal charges of possession for sale and transportation. The Honorable William N. Sterling presiding, in Dept 133., granted the defense motion and ordered the C.H.P. to return 60 pounds of marijuana to the defendant.

On December 9, 2008, Saguro Doven was stopped by the C.H.P. for a traffic infraction on the 101 Freeway in Los Angeles. The Officers conducted a search and found sixty pounds of marijuana in his vehicle. Mr. Doven was charged with possession of marijuana for sale and transportation of marijuana in violation of Health & Safety Code Sections 11359 and 11360, exposing him to a potential state prison sentence of 4 years, 8 months..

On November 12, 2009, defense attorney Glen T. Jonas argued in a motion to dismiss, that preliminary hearing Judge Ricciardulli failed to apply the Medical Marijuana Program Act. Judge Sterling in ruling on the motion to dismiss, stated the prosecutor’s “expert wasn’t an expert”. Judge Sterling further stated , “I don’t see how anybody would entertain a strong suspicion that he had the stuff to sell.” P118:L26-28. Judge Sterling reversed Judge Ricciardulli’s preliminary hearing order and dismissed the possession for sale count.

The case was set for trial on the remaining transportation count to begin January 4, 2010. On January 4, 2010, the District Attorney’s office appeared in Judge Sterling’s court and moved to dismiss the remaining charge because they concluded there was reasonable doubt on the remaining charge based on the Collective Cultivation Medical Marijuana Defense.

Following the dismissal, Glen T. Jonas filed a motion to order the C.H.P. to return the 60 pounds of marijuana to the defendant. Mr. Jonas argued that as a matter of due process the marijuana must be returned to the defendant. Judge Sterling agreed and ordered the C.H.P. to return the 60 pounds of marijuana to the defendant immediately forthwith.

After the hearing Mr. Jonas stated, “Judge Sterling and the District Attorney’s Office demonstrated professionalism and impartiality.”

Glen T. Jonas of the law firm of Jonas & Driscoll L.L.P. was lead counsel in defending Saguaro Doven. David R. Welch, Esq., associated as defense counsel and assisted in defending the case.

Stanislaus County Medical Cannabis Permits - Dispensaries - Collectives

There is now another new Cannabis Dispensary in Stanislaus County, however they still do not have permits.  Also as of late June, 2011 there is now updates to the counties policy .

We have the updated county information from 2003-2011.  

Also news, stories, updates and information regarding new, past, current and other local pot clubs and politics.

If you are interested in opening a dispensary or need advice and information..
Permits will be available soon enough, to get on the newsletter and be notified of updates contact 215@boxbe.com

Still the owners of CHC are facing many years left to either appeal again or wait for a release date.

Prop. 215 Medical Marijuana Doctor - SB- 420

420 Cannabis Doctor
 Prop. 215  Medical Marijuana Doctors are helping patients locally now in almost every major town around California.  The Newest Clinic is in Stockton, CA with a few other new offices in Modesto, Sacramento, Fresno to SD.  Some doctors start at $42 while others are up to $250.

On Seeking Physician Approvals

The licensed California physicians searchable on this page are available for consultation as medical cannabis specialists. Patients should have a documented medical record of diagnosis and treatment or a physician referral.

Medical marijuana patients should begin by consulting with their own physicians about medical use of cannabis. If you don't have a medical record of treatment for serious illness, you may not be eligible for marijuana under state law.

To qualify, patients must obtain a physician's "recommendation" or "approval" (NOT prescription) to use marijuana (SAMPLE recommendation form). No official registration is required. Marijuana can be recommended for ANY serious condition for which it provides relief; over 250 uses have been reported.

WARNING: Beware bogus clinics! Some unethical doctors are charging clients extra for so-called "cultivation licenses" supposedly entitling them to grow more than the normal number of plants. There is no such thing as a "cultivation license" under California law. Any patient with a California physician's recommendation may legally cultivate or possess as much marijuana as they need for their own personal medical use, and no more. No physician can authorize them to cultivate more (they can only testify in court that a certain amount of marijuana is consistent with the individual patient's needs, and they do not have professional competence to prescribe plant numbers). Other unethical clinics are using doctors whose licenses are invalid or suspended, or are under the ownership of non-physicians, which is against California law. Our policy is not to list illegal or unethical clinics at this website. Please let us know of any violations.

Also feel free to check out www.215docs.com for specials and updates!