Last modified: July 11, 2012 10:56pm UTC
Preliminary Hearing Trial Transcript
February 18, 2004 - page 28
1 in the preliminary hearing in this matter.
2 I am going to -- submitted?
3 MR. ADAMS: Submitted your Honor.
4 Let me argue a little bit more before you make
5 your decision. My argument from the beginning was that
6 there was a lot more than personal use in there. The
7 other stuff was collateral issues that I have noticed
8 along the way.
9 I think he should be held to answer today and
10 any of those issues can be cleared up at the pretrial or
11 in limine.
12 MR. SASNETT: If I may, your Honor. I would by way
13 of arguments cite the court to three cases.
14 People versus Mower, M-o-w-e-r, 2002 case, found
15 at 28 Cal.4th 457, which I believe sustains the language
16 of the code section that I cited that Compassionate Use
17 Act. Mower was followed in People versus Jones 2003
18 111 Cal.App.4th 341, and in People versus Tilehkooh,
19 T i-l-e-h-k-o o-h, 2003 case, 113 Cal.App.4th, at 1433.
20 I suggest that the case law supports Mr.
21 Canada's position that he was not unlawfully cultivating
22 or using marijuana since his position is it was for his
23 personal Medical use.
24 THE COURT: What I would like to do on this is take
25 a -- do some research on this matter. I think it's a
26 close call.
27 MR. SASNETT: And I have -
28 THE COURT: There is a requirement to have a