Here's an odd story for a Los Angeles criminal defense attorney.
The Orange County Register reports that a 62-year-old man was arrested in Garden Grove on suspicion of growing marijuana after he had told the cops that his house was being robbed. Police say that several people broke into Dennis Edgar Chailland's home on Wednesday trying to steal his marijuana plants. At least one of the robbers was said to have had a gun. But by the time authorities arrived at the scene, the robbers were gone, along with a laptop computer, an iPod, a wallet with cash, and possibly marijuana plants.
Police found more than 60 marijuana plants growing around the property in the 12800 block of Magnolia Street. The law enforcers then arrested Mr. Chailland and the man was later booked at the Orange County Jail.
It's a bit depressing to think that a man who reported a crime is now facing serious criminal charges for drug cultivation. Cultivation of any amount of marijuana is a felony under Health & Safety Code 11358. However, if Mr. Chailland is a medical marijuana patient, he could be off the hook for the alleged crime. Reuters reports that as of January 2010, medical marijuana patients under Proposition 215 can grow as much marijuana as they like, as long as it's for personal use. In cases like this, a criminal defense attorney would have to argue that the defendant did not have the intent to sell the marijuana that he or she was cultivating.
And perhaps police should have some sympathy for Mr. Chailland. The man had just been robbed by at least one person carrying a gun.
Related Resources:
- California Supreme Court Strikes Down Medical Marijunana Limits (Los Angeles Criminal Law blog)
- Marijuana: a Smokin' Legal Issue (FindLaw Insider)
- Los Angeles Criminal Defense Attorney Directory (FindLaw)
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