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Canadas case was dismissed by Judge Bert Swift on April 1, 2004. The judge ruled that Canada was a legitimate medical marijuana patient and that the county failed to prove its contention that the amount of marijuana Craig had under cultivation was more than was medically necessary. As a matter of record, Canada had only two mature and eighteen immature plants ranging in size from inch high seedlings to plants nearing maturity. The seized plants would not provide enough marijuana for his own use, let alone be considered an excessive amount.

Canadas attorney, William Sasnett, filed a motion for a return of property which was granted by Judge Swift last week. Canada will be at Joshua Tree Courthouse at 11 a.m. to retrieve his property.

$25 MILLION DOLLAR CLAIM FILED

As a result of the arrest and prosecution, Craig Canada has suffered grave and deleterious physical, mental, emotional and financial damage. He has filed a claim against San Bernardino for $25 million alleging unreasonable search and seizure, false arrest and imprisonment, malicious prosecution, deprivation of property or liberty without due process of law, invasion of privacy, trespass, negligence, deliberate indifference to medical needs and intentional infliction of emotional distress. His claim states that San Bernardino County has violated the California Constitution Article 3 Section 3.5, the Bane Civil Rights Act, California Government Code 12955 and California Civil Code §§ 51.7 and 52.1.

ARREST BACKGROUND INFORMATION
Responding to a complaint from Canadas landlady, San Bernardino Deputy Sheriff Wolfe approached Canada asking him if he was cultivating marijuana. Canada said he was a medical marijuana patient and invited Deputy Wolfe in and showed him his plants and his Doctors written recommendation. Deputy Wolfe then left and returned about two hours later informing Canada that they were in the process of obtaining a warrant to seize his property and that he was under arrest. Canada was held in handcuffs in his own home for over four hours and was then transported to the County jail. He was not released until the next day when $10,000 bail was posted.

In arresting Canada, sheriffs officers flagrantly disregarded Proposition 215 and California Health and Safety Code 11362.5 which provides for the use of marijuana medicinally by patients with a doctors recommendation in the following ways:

The sheriffs office admitted in the search warrant to seize Craigs property that they knew his grow was a medical grow.

Although Canada had his doctors current as well as previous recommendations prominently posted by his plants, Sheriff deputies admitted in court that they made no attempt to contact the doctor to see if Canada was a legitimate patient.
Sheriff deputies admitted in the search warrant affidavits that they had extensive training in narcotics enforcement but failed to acknowledge any training in medical marijuana law enforcement.

Sheriff deputies advised Canadas landlord, Bonita Mallard, that she could evict him for cultivating marijuana. Following their advice, Ms. Mallard has filed eviction proceedings against Canada and has also engaged in an extended period of harassment and intimidation.

The San Bernardino District Attorneys office admitted in a California Public Records Act request that they had not provided any training or guidance to law enforcement on medicinal marijuana law.

BACKGROUND INFORMATION ON COURT TRIAL
At the trial on April 1, 2004 Craigs attorney William Sasnett, informed Judge Bert Swift that Craig was a bona fide medical marijuana patient and had copies of his medical recommendations posted above his plants when he was raided.

The Judge then asked about the number of plants under cultivation. The prosecuting attorney, Jamie Adams, stated that he had 20 plants and that this exceeded the Guidelines in SB 420, which he incorrectly stated as 8 mature plants or 12 immature plants. Surprisingly, the prosecuting attorney then came to Craigs defense by pointing out that SB 420 came into effect on January 1, 2004 and Craigs arrest for marijuana cultivation occurred on November 25, 2003. He then also pointed out that SB 420 allows for patients to have more than those guidelines if certain requirements are met.

The Judge examined Craigs medical recommendation and stated that Craig was indeed a legitimate medicinal marijuana patient. He noted that on Craigs recommendation, his medical doctor, Dr. Robert Sterner, had noted that Craig would need to utilize up to 5 grams of marijuana a day to treat his conditions. Craigs attorney pointed out that only the buds of the plant are considered in the amount of marijuana a patient is recommended to use as it is only the buds that are of any medicinal benefit. The stalks, branches and leaves have no medicinal value and are not counted. That is why the weight amount is so small only 5 grams – because only the buds are weighed.

The judge then asked the prosecuting attorney how many marijuana plants a patient would have to grow in order to produce 5 grams of marijuana a day. The prosecuting attorney stated that this information was not presented at the preliminary hearing and that he didnt have any idea how many marijuana plants it would take to produce 5 grams a day. Additionally, Craigs current recommendation states in capital letters TWENTY INDOOR PLANTS.