Felony Manufacturing of Concentrated Cannabis Charges Dismissed at Preliminary Hearing

October 2020

Our client was charged with manufacturing of butane honey oil, Cultivation of Marijuana and Possession for Sale of Marijuana following the execution of search warrants at his warehouse and residence.  Law enforcement recovered more than 1400 plants, manufacturing equipment and more seized more than $40,000 in various bank accounts.  The District Attorney had refused to provide a search warrant affidavit and claimed there were no photos of the manufacturing equipment notwithstanding photos taken of various of evidence.   On cross-examination at the preliminary hearing and to the surprise of the District Attorney, the arresting officer admitted that he had taken photographs and video during the search which included photographs that may have been exculpatory.  When asked what happened to the photographs, the Detective replied “your guess is as good as mine” and went on to reassure the Judge that his Department had submitted all photos and video to the District Attorney’s office.  At that point, Michael requested a continuance to fully investigate why the DA did not advise us that the evidence had been lost or destroyed when it was requested during discovery and immediately prior to the hearing.  The DA then offered a misdemeanor with no custody time.

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