32
1       I am going to hold the defendant to answer and

2  then handle this matter on a pretrial. And the reason for

3  that is that I am not satisfied that there is sufficient

4  evidence of foundation laid as to the qualifications of

5  the doctor that prescribed the prescription. That is a

6  factual issue that would be there regardless of what the

7  law says in terms of that qualification of the

8  Compassionate Medical Marijuana Act.

9       Since there is a factual issue that I think is

10 lacking in the affirmative defense that might be

11 dispositive of the matter, I think it would be better 

12 served to hold him to answer and then deal with it at the

13 pretrial.

14      MR. SASNETT: One thought that occurs to me as well

15 is that the Court could permit us to reopen at a

16 subsequent date for additional evidence on that limited

17 issue. That might help the court one way or the other.

18      MR. ADAMS; I think it can be done 995.

19      THE COURT: That would be better served on a motion

20 to dismiss.

21      MR. SASNETT: My concern in that regard is the state

22 of the evidence as it would be in the transcript might be

23 insufficient to establish the qualifications of the

24 physician. But if the court were to permit additional

25 evidence at the hearing on the 995, such as, for example

26 testimony from the doctor, documentation from the board of

27 medical quality assurance, or other that might establish

28 one way or the other on that doctor's qualifications
							

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