27
1       MR. SASNETT: Effect January 1, 2004?

2       THE COURT: Typically it began January 4, 2004.

3       MR. SASNETT: This search Warrant was on November 25,

4  2003.

5       MR. Adams: I don't know that for a fact

6       MR. SASNETT: There was testimony as to the date of

7  the service of the search warrant.

8       MR. ADAMS: I don't know that's the fact that that

9  was the date the law came into effect. This is an issue

10 that coupled with the marijuana, mature versus immature,

11 the nature of the doctor's prescription, the nature of the

12 doctor's diagnosis -

13      THE COURT: As I read this thing, I think it is an

14 affirmative defense if you can establish that in fact

15 there is a doctor that prescribed it. Once again, based

16 on the limitations that counsel has indicated.

17      MR. Adams: If I may, it also says personal use in

18 the code section and this is a lot of marijuana and I

19 would argue well above the personal use standard.

20      As a matter of fact the deputy just reminded me

21 that there was a fresh box of plastic baggies in the

22 house in addition to scales which is a clear indication

23 of sales or one of the indicators for sales.

24      THE COURT: And another issue that I haven't heard

25 here, that I have some difficulty with, in terms of the

26 affirmative defense in this matter is some authentication

27 of the doctor's credentials to be able to prescribe it.

28 You may be able to provide that. But I haven't heard it
							

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