DA panel to decide if charges are to be filed against Temecula medical pot co-op owner

Almost four months have passed since Temecula police arrested medical marijuana activist Martin J. Victor and seized dozens of plants from his home. No charges have been filed.

Zenia Gilg, Victor’s lawyer, has filed a motion in Riverside County Superior Court seeking to have all of Victor’s property returned to him. Victor adhered to state guidelines for running a medicinal marijuana collective, and he shouldn’t have to wait this long for charges to be filed, Gilg said in an interview.

“They have to fish or cut bait,” she said.

Deputy District Attorney Greg Albright said this week that a committee will convene sometime in the next week or two to decide whether to file charges.

See also:

Palm Springs to legalize medical marijuana dispensaries

Solano County Sued Over Pot ID Cards

Lawsuit filed over refusal to issue medical marijuana card

Medical pot user sues DMV to get license back

Arcata approves medical marijuana guidelines

Successful Marijuana Users?

Big Day for Pot — Decrim Wins in MA, MedPot in MI, All Local Initiatives Win, Too

Victor, who says he uses marijuana because he suffers from fibromyalgia and cluster headaches as a result of optic-nerve damage, said he doesn’t care if he’s charged because he’s confident he would prevail in a trial.

“I want them to charge me,” he said. “There’s no doubt in mind … we did absolutely nothing illegal.”

In 1996, California voters approved Prop. 215, allowing individuals to obtain marijuana for medical purposes with a doctor’s approval.

In 2003, the state passed Senate Bill 420, which paved the way for counties to issue medical marijuana identification cards and for patients to associate “collectively or cooperatively to cultivate marijuana for medical purposes.”

Temecula police served a search warrant at Victor’s home Sept. 19.

According to a search warrant affidavit written by Deputy Daniel Hernandez, authorities believed Victor was illegally growing marijuana in his backyard for personal gain after talking to an informant and conducting surveillance on his home.

Authorities subsequently seized 70 marijuana plants and five pounds of dried, cultivated marijuana. Victor was arrested on suspicion of cultivation of marijuana and possession of marijuana for sale, as well as possession of concentrated cannabis or hashish.

After the arrest, authorities said Victor had not complied with guidelines issued in August by state Attorney General Jerry Brown regarding the cultivation of marijuana for medical purposes.

Victor did not have a nonprofit business license and was not collecting sales tax, authorities said.

But Victor, who posted bail, insists he was not making a profit from his 10-member collective and that he had all the documentation in two binders seized by authorities.

It is common for law enforcement to lack training in the law as it relates to medical marijuana cooperatives and collectives, Gilg said.

Temecula police Lt. Scot Collins said investigators consulted with the district attorney’s office from the beginning of the investigation.

Reach Douglas Quan at 951-368-9479 or dquan@PE.com