Medical Marijuana Collective Found Not Guilty Due to Defense From the Law Offices of Glew & Kim

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Defense attorney Christopher M. Glew focused on the special instructions for juries regarding non-profit medical marijuana collectives

The Law Offices of Glew & Kim were recently successful in litigating a not-guilty verdict in the case of The People v. Kapu, case number 11HF2083, at the Superior Court of California's West Justice Center.

The defense, led by Christopher M. Glew of the Law Offices of Glew & Kim, relied on the strong weapon provided recently by the court of appeals. The recent Jackson holding sets out clear guidance to the trial courts that special jury instructions must be given regarding profit versus non-profit in regards to medical marijuana cases.

This holding has created a significant change in the landscape of criminal defense in the medical marijuana legal arena. It allows defense attorneys to present the case to jurors without the district attorney constantly claiming that sales are per se illegal. In the hands of an experienced attorney, this can mean the difference between a felony conviction and a not-guilty verdict for the defendant.

Mr. Glew recently handled a case in the West Justice Center involving a collective grower charged with violating Health and Safety Code section 11359, possession for sale; and Health and Safety Code section 11358, illegal cultivation. The case involved a large quantity of cash, a marijuana grow operation and dried marijuana. Over six days, the prosecution presented a case based on the evidence obtained from the defendant’s home and did not include an analysis of the financial ledger from the medical marijuana collective, which was running as a non-profit.
After a short deliberation, the jury returned a verdict of not guilty on both felony counts as well as two lesser misdemeanor counts of possession.

“I feel that my defense was bolstered by my emphasis on the special jury instructions regarding non-profits,” commented Mr. Glew. “By achieving a not-guilty verdict on all felony and misdemeanor charges, I’m pleased that the difference between for-profit and non-profit was clearly understood in the courtroom.”

Christopher M. Glew has a strong background of advocacy for the re-classification of marijuana and other Schedule I substances that have empirically demonstrated therapeutic applications. Mr. Glew is first and foremost an advocate for change and will represent each and every client charged with a marijuana/drug offense with the most zealous defense.

For more information on the Law Offices of Glew & Kim and to read Mr. Glew’s blog, please visit http://www.glewkimlaw.com or call (866) 648-0004 for a free case analysis.

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Jennifer St. James
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