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Old 02-05-2009, 12:17 AM
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Default Two Face Arraignment In Medical Marijuana Case

Two men will be arraigned Feb. 27 after a judge ruled there is sufficient evidence to hold them to answer for felony charges of cultivating marijuana in Ventura.

The two defendants, who include a veteran of the war in Iraq, say they use the marijuana for medical reasons so their actions were legal under Proposition 215. The ruling came Friday at a preliminary hearing.

The two men — Breze Meyer, 28 and Eric Lee Jeffrey, 24, — were arrested on Feb. 24, 2008 after officers found 77 marijuana plants growing inside the house they were renting.

The two defendants have entered a not guilty plea.

Ventura County Superior Court Judge James Cloninger set arraignment for Feb. 27.

After the hearing, prosecutor Robert Denton said Meyer and Jeffrey face up to three years behind bars if convicted of the felony.

In California, there is no uniform standard of the cultivation or distribution of medical marijuana, according to the U.S. Drug Enforcement Administration. The state leaves the growth and distribution guidelines to local jurisdictions, the DEA states.

In Ventura County, Denton said a patient with a medical marijuana condition can grow six mature plants or 12 immature plants along with eight ounces of the drug for their personal use.

However, Denton says a doctor can recommend that a patient have more medical marijuana. Denton said the laws regarding the use of medical marijuana are complex and changing.

Lawyers for the two defendants argued that the marijuana was being grown for medical use, and therefore, the plants were legal under Proposition 215, the Compassionate Use Act of 1996.

Attorney Joseph Allen told the judge that his client, Jeffrey, uses marijuana because he is bipolar, has attention deficit disorder and suffers from back and neck pain.

Attorney Richard Loy who represented Meyer said his client was in the military and served in Iraq and suffers from Post Traumatic Stress Disorder and uses marijuana and other drugs to alleviate the symptoms of his mental disorder.

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