The facts of each case are unique; the case dispositions below should not be construed as a guarantee regarding the disposition of other cases.
Courthouse |
County or
Federal District |
Charges* |
Disposition |
Year |
Los Baños |
Merced |
Felony Transportation of a Controlled Substance, to wit: MDA [HSC 11379], Felony Possession for Sale of MDA [HSC 11378], Felony Possession of MDA [HSC 11377(a), Felony Transportation of a Controlled Substance, to wit: Psilocyn Mushrooms [HSC 11352], Felony Possession for Sale of Mushrooms [HSC 11351], Felony Possession of Mushrooms [HSC 11377(a), Misdemeanor Driving Under the Influence of Alcohol and Drugs [VC 23152(a)] |
All Charges Dismissed; Bail Reduced from $1,000,000 to $100,000; Defendants Subsequently Granted Release on Own Recognizance (O.R.); Case Dismissed With Prejudice (Meaning It Cannot Be Re-Filed by the Prosecution) After Three Years of Litigation. |
2008 |
Pleasanton |
Alameda |
Misdemeanor Possession of Concentrated Cannabis [HSC 11357(a)] |
Medical Defense; Case Dismissed by D.A.'s Office Prior to Hearing on Demurrer and Motion to Dismiss; Accused Declared Factually Innocent by the Court at Time of Dismissal [PC 851.8(d)]. |
2008 |
Los Baños |
Merced |
Felony Possession of Marijuana for Sale (HSC 11359), Felony Possession of Concentrated Cannabis [HSC 11357(a)], Misdemeanor Transportation of Marijuana [HSC 11360(b)], Misdemeanor Possession of Marijuana [HSC 11357(b)] |
Medical Defense; All Charges Dismissed Prior to Preliminary Hearing After Two Years of Litigation. |
2008 |
Ukiah |
Mendocino |
Felony Manufacture of a Controlled Substance [HSC 11379.6(a)], Felony Possession of Marijuana for Sale (HSC 11359), Felony Cultivation (HSC 11358), Special Allegation: Armed with a Firearm [PC 12022(a)(1)] |
No Jail Time; Defendant Entered No Contest Plea to Charge of Possession of Concentrated Cannabis [HSC 11357(a)] and Remaining Charges Dismissed in View of Plea; Sentencing Delayed for Nine Months; Charge Dismissed After Defendant Remained Free from Arrest for Nine Months; Defendant Not On Probation Pending Delayed Dismissal; No Search Clause; No Drug Treatment; Defendant Permitted to Use, Possess, and Cultivate Medical Marijuana for Personal Use Within Mendocino County Guidelines. |
2007 |
Jackson |
Amador |
Felony Transportation of Marijuana [HSC 11360(a)], Special Allegation: Prior Conviction of Three Strikes Offense (PC 1170.12), Special Allegation: Commission of Felony While Released on Bail (PC 12022.1) |
No Jail Time; Defendant Entered Plea to Possession of Concentrated Cannabis Charge [HSC 11357(a)] and Admitted Special Allegation of Committing Felony While Released on Bail (PC 12022.1); Defendant Granted Probation; Possible Reduction to Misdemeanor on Successful Completion of Probation (PC 17). |
2007 |
Modesto |
Stanislaus |
Felony Conspiracy to Sell Marijuana [PC 182/HSC 11360(a)], Felony Conspiracy to Cultivate Marijuana (PC 182/HSC 11358), Felony Conspiracy to Possess Marijuana for Sale (PC 182/HSC 11359), Felony Cultivation (HSC 11358), Felony Possession for Sale of Marijuana (HSC 11359), Possession of an Assault Weapon [PC 12280(b)], Possession of a Dangerous Weapon [PC 12020(a)], Participation in a Criminal Street Gang [PC 186.22(a)] |
Defendant Granted Deferred Entry of Judgment on Cultivation Charge (No Jail Time, No Felony Conviction, No Search Condition, and Charge Will Be Dismissed if Defendant Successfully Completes 18-Month DEJ term); Defendant Permitted to Use, Possess, and Cultivate Medical Cannabis While on DEJ; Remaining Charges Dismissed. |
2007 |
Nevada City |
Nevada |
Felony Cultivation (HSC 11358) |
Defendant Entered No Contest Plea to Misdemeanor Possession Charge [HSC 11357(c)] with No Jail Time, No Drug Program, and No Drug Testing; Felony Charge Dismissed; Court Confirmed that Defendant May Use, Possess and Cultivate Medical Cannabis Within the Guidelines of Defendant's County of Residence (HSC 11362.795) |
2007 |
Palo Alto |
Santa Clara |
Felony Possession for Sale of Marijuana (HSC 11359), Felony Transportation of Marijuana [HSC 11360(a)], Felony Carrying a Loaded Firearm on the Person or in a Vehicle [PC 12031(a)(1)], Felony Carrying a Concealed Firearm in a Vehicle [PC 12025(a)(1)] |
Challenging Medical Defense; All Cannabis Charges Dismissed Before Preliminary Hearing; No Contest Plea to Single Count of Carrying a Loaded Firearm on the Person or in a Vehicle [PC 12031(a)(1)]; Possible Reduction to Misdemeanor (PC 17) after 18 Months; Nine Days of Weekend Work Program; No Driver's License Suspension; No Drug Testing. |
2007 |
Placerville |
El Dorado |
Felony Possession for Sale of Marijuana (HSC 11359), Felony Cultivation (HSC 11358), Felony Possession of Anabolic Steroids (HSC 11377) |
Medical Defense; All Cannabis Charges Dismissed Prior to Trial; Defendant Granted Deferred Entry of Judgment on Misdemeanor Steroid Possession Charge (No Jail Time, No Criminal Conviction, No Search Condition, and Charge Will Be Dismissed if Defendant Successfully Completes Maximum 18-Month DEJ term); Case Scheduled for Early Termination of DEJ 12 Months After Grant of DEJ. |
2007 |
Ukiah |
Mendocino |
Felony Cultivation (HSC 11358), Felony Possession for Sale of Marijuana (HSC 11359), Felony Transportation [HSC 11360(a)]. Defendant Accused of Shipping Pounds of Marijuana to Midwest , Possession for Sales, and Illegal Cultivation; Defendant Allegedly Gave Mirandized Confession and Consent to Search. |
Imperfect Medical Defense; Defendant Entered No Contest Plea to Transportation Charge [HSC 11360(a)] and Remaining Charges Dismissed in View of Plea; Sentencing Delayed for One Year; Defendant Released on Own Recognizance and Not On Probation Pending Sentencing; Transportation Charge Dismissed After Defendant Remained Free from Arrest for One Year; All Charges Dismissed Without A Single Conviction. |
2007 |
San Francisco Federal |
Northern District of California |
Conspiracy to Use a Place for the Purpose of Manufacturing and Distributing Marijuana [21 U.S.C. 846, 856(a)(1)], Using a Place for the Manufacture and Distribution of Marijuana [21 U.S.C. 856(a)(1)], Conspiracy to Manufacture Marijuana, to Possess Marijuana for Distribution, and Distribution of Marijuana [21 U.S.C. 846, 841(a)(1)], Manufacture of Marijuana, Possession of Marijuana for Distribution, and Distribution of Marijuana [21 U.S.C. 841(a)(1)],
Filing False Income Tax Returns [26 U.S.C. 7206(1)], Money Laundering [18 U.S.C. 1956] |
Federal Tax and Money Laundering Charges Dismissed Against Ed Rosenthal, World Famous Cannabis Cultivation Expert, After Federal Judge Granted Motion to Dismiss for Vindictive Prosecution Filed by the Defense; Mr. Rosenthal Faces No More Jail Time if Convicted on Remaining Marijuana Charges at Retrial. |
2007 |
Vallejo |
Solano |
Felony Vandalism Over $400 Damage [PC 594(b)(1)]; Misdemeanor Possession of Tools to Commit Vandalism or Graffiti [PC 594.2(a)] |
Felony Reduced to Misdemeanor Over Objection of Prosecution; No Contest Plea to Single Count of Misdemeanor Vandalism (PC 594); No Jail Time; 40 Hours Community Service and $200 Maximum Restitution; Digital Camera to be Returned to Defendant |
2007 |
Modesto |
Stanislaus |
Defendant Arrested and Booked On Charge of Felony Possession for Sale of A Controlled Substance (HSC 11378) and later Charged with Felony Cultivation (HSC 11358). |
Defendant Granted Deferred Entry of Judgment on Cultivation Charge (No Jail Time, No Felony Conviction, No Search Condition, and Charge Will Be Dismissed if Defendant Successfully Completes 18-Month DEJ term); Defendant Permitted to Use, Possess, and Cultivate Medical Cannabis While on DEJ; Defendant Declared Factually Innocent of Charge of Possession for Sale of A Controlled Substance. |
2007 |
Fresno Federal |
Eastern District of California |
Felony Conspiracy to Manufacture, to Distribute, and to Possess with the Intent to Distribute Marijuana [21 U.S.C. 841(a)(1), 841(b)(1)(A), and 846], Manufacture of Marijuana and Aiding and Abetting [21 U.S.C. 841(a)(1), 841(b)(1)(A), and 18 U.S.C. 2], Possession with Intent to Distribute Marijuana and Aiding and Abetting [21 U.S.C. 841(a)(1), 841(b)(1)(A), and 18 U.S.C. 2]. Allegations of Conspiracy to Grow More than 1,000 Plants (Ten Year Mandatory Minimum). |
Eighteen (18) months probation; No Prison; No Home Detention; $100 Penalty Assessment; $1000 fine. |
2006 |
Ventura |
Ventura |
Felony Transportation of Peyote [HSC 11352(a)], Felony Transportation of Marijuana [HSC 11360(a)], Felony Possession of Vicodin (HSC 11350), Felony Possession of Peyote (HSC 11350), Misdemeanor Possession of Marijuana [HSC 11357(c)], Allegations Pursuant to Three Strikes Law |
Peyote Charges Dismissed Against Native American Church Elder After Hearing on Defense Motion to Dismiss; Peyote Ordered Returned to Defendant; Defendant Granted Deferred Entry of Judgment on Misdemeanor Marijuana and Vicodin Possession Charges; Misdemeanor Charges to Be Dismissed After Defendant Successfuly Completes Deferred Entry of Judgment |
2006 |
Oroville |
Butte |
Felony Possession of Concentrated Cannabis [HSC 11357(a)] |
Prosecutor Dismissed Case After Defense Filed Demurrer and Motion to Dismiss; Defendant Declared Factually Innocent and Arrest Records Ordered Sealed and Destroyed. |
2006 |
Sonora |
Tuolumne |
Felony Cultivation (HSC 11358), Misdemeanor Possession of Marijuana [HSC 11357(c)] |
Patient Obtained Medical Marijuana Recommendation After Arrest; Charges Dismissed After Defendant Successfuly Completed Deferred Entry of Judgment; Arrest Deemed to Have Never Occurred. |
2006 |
Redwood City |
San Mateo |
Felony Cultivation (HSC 11358), Felony Possession for Sales of Marijuana (HSC 11359), Felony Possession of Deadly Weapon [PC 12020(a)] |
Defendant Granted Deferred Entry of Judgment on Cultivation Charge (No Jail Time, No Felony Conviction, and Charge Will Be Dismissed if Defendant Successfully Completes 18-Month Treatment Program); Possession for Sales Charge Dismissed; Deadly Weapon Charge Reduced to Misdemeanor with 30 Days Sheriff's Work Program (SWP). |
2006 |
San Jose |
Santa Clara |
Felony Possession of Concentrated Cannabis [HSC 11357(a)], Misdemeanor Possession of Marijuana [HSC 11357(c)] |
Arrest at San Jose International Airport ( SJC); Medical Defense; No Charges Filed; No Supervised Own Recognizance Program ( SORP) with Drug Testing and Search Conditions; District Attorney's Office Agreed to Advise San Jose Police Department to Grant Petition to Seal and Destroy Arrest Records Due to Patient's Factual Innocence |
2006 |
South Lake Tahoe |
El Dorado |
Misdemeanor Possession of Marijuana [HSC 11357(c] |
Dismissed on Motion of Prosecution (PC 1385) After Discussions With Defense Counsel |
2006 |
L.A. Airport |
Los Angeles |
Felony Possession for Sale of Marijuana (HSC 11359), Misdemeanor Possession of Methamphetamine (HSC 11377) |
Medical Defense; Defendant Entered No Contest Plea to Misdemeanor Possession Charge [HSC 11357(c)] with No Jail Time and 100 Hours of Community Service; Remaining Charges Dismissed; Court Confirmed that Defendant May Possess Up to Three Pounds of Cannabis as Recommended by Defendant's Physician (HSC 11362.77 and 11362.795) |
2006 |
Woodland |
Yolo |
Felony Cultivation (HSC 11358) Conviction in 1996; Subsequent Arrests While On Probation; Defendant Admitted to Violations of Probation; Defendant Not Strictly Eligible for Relief to Penal Code § 1203.4 |
Court found Extraordinary Circumstances, Set Aside Felony Conviction, and Dismissed All Charges Pursuant to Penal Code § 1203.4 |
2006 |
Hall of Justice |
San Francisco |
Felony Cultivation (HSC 11358), Felony Possession for Sale of Marijuana (HSC 11359), Maintaining a Place for the Manufacture of a Controlled Substance (HSC 11366.5) |
Medical Marijuana Defense; All Charges Dismissed Prior to Preliminary Hearing |
2006 |
Modesto |
Stanislaus |
Felony Manufacture of a Controlled Substance by Chemical Extraction (HSC 11379.6), Felony Possession for Sale of Marijuana (HSC 11359), Felony Cultivation (HSC 11358) |
Bail Reduced from $250,000 to $35,000; Medical Marijuana Defense; Defendant Entered Nolo Contendere Plea to "Wobbler" Charge of Possession of Concentrated Cannabis [HSC 11357(a)] with 500 Hours of Community Service; Charge to Be Reduced to Misdemeanor if There Are No Violations of Probation; Court Confirmed that Defendant May Use, Possess, and Cultivate Medical Cannabis for Himself and His Fiancee (HSC 11362.795); Court Subsequently Ordered Return of Cultivation Equipment for Medical Use |
2006 |
Willits |
Mendocino |
Felony Possession for Sale of Marijuana (HSC 11359), Felony Transportation [HSC 11360(a)] , Misdemeanor Resisting Peace Officer Engaged in the Performance of Duties (PC 148) |
Medical Marijuana Defense; Defendant Entered Misdemeanor Nolo Contendere Plea to Charge of Disturbing the Peace [PC 415(2)] with Summary or "Court" Probation for 12 Months; Court Ordered Sheriff's Department to Return Two Pounds of Medical Marijuana, After U.S. Supreme's Court's Callous Decision in Raich; Defendant Permitted to Use Medicine While on Probation |
2005 |
Santa Rosa |
Sonoma |
Felony Possession of Marijuana for Sale (HSC 11359), Felony Transportation [HSC 11360(a)] |
Dismissed on Motion of Prosecution (PC 1385) After Defense Filed Demurrer |
2005 |
Alameda |
Alameda |
Felony Possession for Sale of a Controlled Substance (HSC 11378), Felony Possession of a Controlled Substance (HSC 11377), Felony Under the Influence of a Controlled Substance (HSC 11350), Misdemeanor Possession of Paraphernalia (HSC 11364) |
Challenging methamphetamine case; several ounces of pure crystal meth; Defendant Entered No Contest Plea to One Count of Felony Possession for Sale of a Controlled Substance (HSC 11378); No Jail Time; No Electronic Monitoring; Defendant Granted Probation |
2005 |
Placerville |
El Dorado |
Felony Manufacture of a Controlled Substance by Chemical Extraction (HSC 11379.6), Felony Possession for Sale of Marijuana (HSC 11359), Felony Cultivation (HSC 11358), Felony Possession of a Firearm by a Felon ([PC 12021(a)(1)], Misdemeanor Child Endangerment (PC 273a) |
Two Felony Cases; Medical Marijuana Defense; All Marijuana Charges Dismissed; Defendant Entered Plea to
One Count of Possession of a
Firearm by a Felon ([PC 12021(a)(1)]; Granted Probation and 30 Days County Jail (Initial Offer Was Five Years State Prison); Drug Testing Not Required on Probation |
2005 |
S.F. Federal |
Northern District of California |
Federal charges of possession of marijuana with intent to distribute, conspiracy, and establishing of marijuana manufacturing operations in violation of 21 United States Code, Sections 841, 846, and 856 |
Entered into Case on a Pro Bono Basis After Eddy Lepp re- arrested; Defendant Re- released on Bail and Permitted to Attend 2005 Cannabis Cup in Amsterdam While Under Federal Indictment |
2005 |
Oakland |
Alameda |
Misdemeanor Possession of a Controlled Substance (LSD) (HSC 11377) |
Case Dismissed After Court Granted Motion to Suppress Illegal Searches and Seizures (Cop claimed he searched defendant to ensure compliance with medical marijuana limits) |
2005 |
South San Francisco |
San Mateo |
Misdemeanor Possession of Marijuana While Driving [VC 23222(b)]; Misdemeanor Possession of Marijuana [HSC 11357(c] |
Medical Marijuana Caregiver Defense; Case Dismissed on Day of Trial |
2005 |
Oakland |
Alameda |
Felony Cultivation (HSC 11358), Felony Possession for Sale of Marijuana (HSC 11359), Gun Enhancement (PC 12021) |
Medical Marijuana Defense; All Charges Dismissed Prior to Preliminary Hearing; over $6,000 cash returned to defendant. |
2004 |
Hall of Justice |
San Francisco |
Felony Possession for Sale of a Controlled Substance- Methamphetamine (HSC 11379), Misdemeanor Resisting Arrest (PC 148) |
All Charges Dismissed by Prosecution after Defendant's Motion to Disclose Identity of Confidential Informant Was Granted by the Superior Court; Prosecutor Elected Dismissal Instead of Disclosure |
2004 |
Santa Rosa |
Sonoma |
Felony Cultivation (HSC 11358) |
Complaint Dismissed by Prosecution on Day of Arraignment After Defense Interposed Medical Marijuana Demurrer |
2004 |
Laguna Niguel |
Orange |
Misdemeanor Possession of Marijuana (HSC 11357) |
Medical Defense; Case Dismissed by Prosecution on Day of Hearing on Motion to Suppress |
2004 |
Oakland |
Alameda |
Felony Cultivation (HSC 11358) & Felony Possession for Sale of Marijuana (HSC 11359) |
Medical Marijuana Defense; All Charges Dismissed before Preliminary Hearing; Growing Equipment and Scales Returned to Defendant |
2004 |
Hall of Justice |
San Francisco |
Misdemeanor Driving While Intoxicated (VC 23152), Possession of Marijuana While Driving (VC 23222), Possession of Paraphernalia (HSC 11364) |
Medical Marijuana Defense; DWI-related charges dismissed; No Contest Plea to "Dry Reckless" Misdemeanor with Credit for Time Served and Court Probation without Drug Testing; Court Granted Order to Return Medical Marijuana, Changing San Francisco Police Department's Policy of Refusing to Return Medical Marijuana Seized From Patients |
2004 |
Fullerton |
Orange |
Felony Possession for Sale of Marijuana (HSC 11359), Felony Transportation of Marijuana (HSC 11360), Felony Possession of Concentrated Cannabis (HSC 11357), Felony Possession for Sale of a Controlled Substance (11379) |
Medical Marijuana Defense; Questionable Search & Seizure; All Charges Dismissed before Preliminary Hearing |
2004 |
San Jose |
Santa Clara |
Felony Possession for Sale of Marijuana (HSC 11359) |
Questionable Search & Seizure; Complaint Dismissed before Preliminary Hearing |
2003 |
Santa Cruz |
Santa Cruz |
Felony Cultivation (HSC 11358), Felony Possession for Sale of Marijuana (HSC 11359), Misdemeanor Public Intoxication (PC 647) |
Medical Marijuana Defense; Documentation Not Posted at Garden Site; Defendant Accepted "Sweet Deal": All Felony Charges Dismissed; No Contest Plea to Misdemeanor Possession Charge with Credit for Time Served; Court Granted Defendant Permission to Use and Cultivate Medical Cannabis While on Probation |
2003 |
Sacramento |
Sacramento |
Felony Cultivation (HSC 11358), Felony Possession for Sale of Marijuana (HSC 11359) |
Medical Marijuana Defense; Case Dismissed After Preliminary Hearing; Defendant’s Computer Equipment Returned |
2003 |
South San Francisco |
San Mateo |
Misdemeanor Possession of Marijuana (HSC 11357) |
Medical Marijuana Defense; Case Dismissed on Day of Trial |
2003 |
Yuba City |
Sutter County |
Felony Cultivation (HSC 11358), Felony Possession for Sale of Marijuana (HSC 11359), Maintaining a Place for the Manufacture of a Controlled Substance (HSC 11366.5) |
Medical Marijuana Defense; Case Dismissed Before Preliminary Hearing; High Local Publicity Case; Grand Jury Refused to Indict; Thousands in Cash Returned; Cultivation Equipment Returned to Defendant |
2002 |
San Jose |
Santa Clara |
Felony Possession for Sale of Marijuana (HSC 11359) |
Medical Marijuana Defense; Case Dismissed After Preliminary Hearing |
2002 |
Oakland |
Alameda |
Felony Cultivation (HSC 11358), Felony Possession of Concentrated Cannabis (HSC 11357(a)), Felony Possession for Sale of Marijuana (HSC 11359), Maintaining a Place for the Manufacture of a Controlled Substance (HSC 11366.5) |
Over 400 Indoor Plants; Medical Marijuana Club Provider Defense; All Charges Eventually Dismissed After Defendants Granted Early Termination of Probation; Permission to Use Medical Cannabis on Probation |
2001 |
