Our Riverside County drug possession attorneys were disappointed to see an item about a Sacramento man convicted of a felony for trying to leave the state with legal medical marijuana. The Sacramento Bee reported March 10 that Matthew Zugsberger, 34, was convicted of marijuana possession, a misdemeanor, and felony transportation of marijuana. Zugsberger had a doctor's recommendation allowing him to possess up to five pounds of marijuana for medical use, treating pain from crushed vertebrae acquired in a deep-sea diving accident. He was stopped at the Sacramento airport on the way to New Orleans, carrying three pounds of marijuana. He said he planned to have his ex-wife and another chef turn the drug into food products, because he has trouble smoking.
The trial itself took a day and a half, but jury deliberations lasted more than three days and nearly ended in a deadlock. Jurors said they found the medical marijuana laws they were asked to interpret unclear. One juror pointed out that the doctor's recommendation for five pounds seemed to contradict California law, which authorizes marijuana use for "current medical needs." Complicating the case was a Jan. 21 California Supreme Court decision, which found that the state cannot impose limits on how much marijuana a patient may grow or possess. Ultimately, the jury convicted Zugsberger of possession and transportation, but acquitted him of possessing marijuana for sale, a felony. He is in jail awaiting an April 8 sentencing, where he could get up to four years in prison for the transportation count. He intends to appeal.
A previous article notes that the sales charges against Zugsberger were entirely based on the amount of marijuana he had in his possession. As Rancho Cucamonga drug possession lawyers, we know this is standard procedure under California law, which allows prosecutors to simply assume intent to sell if the amount possessed is greater than one ounce. As this case shows, some prosecutors are willing to assume this even if there is a legal doctor's order authorizing the patient to have more. This shifts the burden to prove no intent to sell to the defendant. We agree with the jurors that this situation makes no sense. Zugsberger was authorized to have much more than the amount he possessed. The article cited no evidence aside from the amount that he intended to sell it, and he offered a reasonable explanation for both the sale and the transport. Trying to leave the state with medical marijuana may have been foolish, but we don't believe it should have been called a crime.
HOWARD | NASSIRI PC represents Californians who are accused of possessing any type of drug or drug-related objects. Even though drug possession is nonviolent, drug defendants still typically face serious penalties if they are convicted. That's especially true if the amount of the drug allows prosecutors to assume intent to sell, as in this case. Fortunately, our Seal Beach drug possession attorneys have many ways to defend a drug possession case, including challenges to the way police acquired the evidence as well as defense on the merits of the case. When the client prefers a guilty plea, we can also negotiate for an alternative sentencing program called drug diversion, also known as Drug Court. Defendants who successfully complete the probation-like program can get charges dismissed and keep convictions off their records.
If you're charged with possession of marijuana or any other drug in California and you know you need help, don't wait to call HOWARD | NASSIRI. To set up a free, confidential evaluation of your case, please contact us through the Internet or call 1-800-872-5925.
