Marijuana Grower Susan Soares Can't Have Her Pot Back Because L.A. Doc Didn't Indicate Exactly How Much She Needed

By Dennis Romero Fri., Jul. 22 2011 at 12:50 PM

Your buds.

Marijuana advocates are fuming -- and not the good kind of fuming, either -- after an L.A. judge said a medical pot grower couldn't have her seized weed back.

Now, normally that might be a big deal: Confiscated pot is sometimes the cost of doing business in a country where cannabis is both illegal and prescribed. And this battle only involves six plants.

But in this case ...

... pro-pot forces say L.A. Superior Court Judge Anthony Barreto f---ed up:

He allegedly relied on an outdated precedent to rule that medical grower Susan Soares, a member of the Drug Policy Forum of California, couldn't have her pot back because doctors had not prescribed a specific dose for her.

Barreto ruled that Soares' doctor's note did "not involve frequency and dosage" and therefore "is insufficient, period, and does not lead to any lawful possession of any amount of marijuana."

She claims that cops, who are said to have aggressively raided her L.A.-area stash in March, and the prosecutors, cheered following the judge's decision.

Now, as any good, weed-smoking citizen of the Golden State well knows, doctors don't prescribe weed dosage for anyone.

According to a statement Dale Gieringer, leader of California NORML, sent us:

It is generally the practice of most medical cannabis specialists never to prescribe a dosage quantity. The California Medical Association recommends that physicians never do so, because no dosage guidelines for cannabis have ever been established.

What's more, in citing the lack of a prescribed dose, Soares aruges, the judge relied on pre-California-medical-marijuana precedent that has since been outmoded.

She says:

My attorney then asked him to preserve the evidence until we have time to appeal and he refused.

So it looks like that bud is going up in smoke. And not the good way, either. Still, Soares is appealing -- on principal.

[@dennisjromero/djromero@laweekly.com]

Tags:

Los Angeles, marijuana, medical marijuana, NORML, precedent. Superior Court, prop 215

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Brian Blanchard

What is not mentioned here is Susan Soares had been raided twice by police and only walked away with a slap on the hands after accepting a plea deal to turn over 3 other grow ops in her area.

She was facing 3 felony counts of cultivating and distributing controlled substances and 2 misdemeanor counts. Shortly after her second raid that occurred in Redondo Beach in March 2011, while in custody, she was offered a plea deal in exchange for information that would lead the RBPD Narcotics Force to raid 3 more grow ops that she knew of which did not belong to her. Soares was facing charges of possessing a jar of ecstasy pills and over a ounce of psilocybin mushrooms in addition to the 2 grow ops with each having over 100 plants confiscated. Soares also was believed to help operate a MMJ recommendation and MMJ supply ring with her doctor and business investor Dr. Dan Blechman. Soares' plea deal dropped 4 of the 5 charges, placing the 1 charge in deferred entry of judgment for 18 months and complete a drug diversion program.

After losing her main source of income to the raids, Soares reached out to ASA director Don Duncan for financial assistance to which she was paid a share of proceeds to coordinate fundraisers for ASA. Both Duncan and Soares expressed concern about one of the fundraisers prior to the event date, which took place at Common Roots collective, which was raided in the first week of December 2011.

Those who have worked with Soares have had mixed reviews of her character, those who have seen her negative side have mentioned threats and other forms of intimidation.

Hello

She deserve it

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Lightnapper

I thought the article was informative and to the point, with a little humor thrown in to lighten up an obviously contentious subject. Judge rules against Medical M defendant using old school logic, outdated/incorrect information, and unclear laws, which sets the stage for further debate and clarification by hopefully smarter people. Judge uses his power to abuse the system he is entrusted to protect by destroying a person's personal property instead of deferring action until an appeal is heard.

lamedicalmarijuana

Dennis Romero why do you routinely and regularly decide to write negative articles about Medical Marijuana?

Are you aware that the Federal Government has decided to raid stage four chemo therapy patients and take away medication used to alleviate nausea from chemo?

Medical Marijuana is medication but you routinely try to cast it as something otherwise.

Tell the big pharmaceutical companies that we are saying hello and we are tired of you writing articles on behalf of big business aka big pharma and the other companies in american who fear medical marijuana. Everyone is aware of how highly influenced American Journalism is from corporations...

How would you feel Dennis Romero if one of your loved ones was suffering from Cancer or Aids and had their medication taken away from them?

When the government decides to raid a stage four chemotherapy patient; that is practically a DEATH SENTENCE

yet no journalist writes about this FACT

you are a bane to society Dennis ; try doing something good with your skill sets; something progressive and not something detrimental to society!

Drue

Judge Anthony Barreto come on give it back, there are innocent clerks at medical marijuana shops that need to get robbed and shot. How can that happen if they don't have any weed too sell?!!