CA NORML NewsCA NORML News
The Barretts had been involved in a series of marijuana cultivation cases in state court, the most recent of which was dismissed by a San Bernardino County Superior Court judge on May 9th. The court had ruled that the Barretts were "legitimate medical marijuana users under the Compassionate Use Act and entitled to grow the marijuana they were growing."
The Barretts' attorney, Daniel Halpern of San Jose, accused county law enforcement officials of conspiring to hand over the Barretts' case to the feds in order to get a conviction.
The grand jury charged the Barretts with three different marijuana grows, one in San Luis Obispo County with an alleged 550 plants in 2001, and two subsequent gardens in San Bernardino County (134 plants and 34 plants) in 2002-3. The Barretts were first arrested by the San Bernardino County sheriffs in 1999. Under a plea agreement, they were put on probation but allowed to continue growing up to 34 plants and 7 pounds of marijuana for their personal medical use. They continued to undergo routine checks and were arrested two more times in San Luis Obispo and San Bernardino. The Barretts had been suing San Bernardino County for return of marijuana that had been seized from them in police raids.
Over 40 medical marijuana patients and growers have been arrested or raided by DEA since Sept. 11, 2001, despite statements by DEA officials that medical marijuana is "not a priority." There are now more federal prisoners for medical marijuana than terrorism in California.