FRESNO, CA – Rather than going to trial right away, federal prosecutors have decided to ditch the plan to re-try former dispensary owners Luke Scarmazzo and Ricardo Montes on conspiracy.
Both defendants were imprisoned a month ago, following the first trial of medical marijuana dispensary operators in federal court. Oddly enough, the jurors handed down convictions on several weighty felony charges, but failed to return verdicts on conspiracy to manufacture marijuana, distribute marijuana, and possess marijuana with the intent to distribute. Shortly after the trial concluded, Assistant U.S. Attorney Kathleen Servatius revealed that Scarmazzo and Montes would be re-tried on this conspiracy count, but the defendants’ refusal to waive time threw a wrench in the works. Unable to find a way to avoid a speedy trial, Servatius announced yesterday that the government would dismiss the conspiracy count for both defendants “in the interest of justice.”
On May 15th, 2008, following a federal jury trial, Modesto entrepreneurs Ricardo Montes and Luke Scarmazzo were found guilty of several marijuana charges. The jury was conflicted about the convictions and grossly underestimated the possible sentences. The most serious charge carries a mandatory minimum of 20 years in prison, for what is called "continuing criminal enterprise." In reality, all that the defendants were doing was running a medical marijuana dispensary in accordance with state law. This was a federal trial, however, and state law was not a defense or a subject of legal argument. Federal law pretends that there is no such thing as medical marijuana. Please sign this petition, asking the judge to give Ricardo Montes and Luke Scarmazzo the leniency they deserve.
Dear Honorable Judge Wanger,
We are asking you to please give Ricardo Ruiz Montes and Luke Anthony Scarmazzo the most lenient possible sentence. Montes and Scarmazzo never intended to break the law. Although, as you have pointed out, federal law has not yet caught up with some of the states when it comes to medical marijuana, it is clear that Montes and Scarmazzo took every possible precaution to ensure that their business was run properly under state law. Please consider Judge Breyer's decision in the Ed Rosenthal case when determining Montes and Scarmazzo's sentence. Thank you.
Three steps to help registered members get a recommendation to lawfully use medical marijuana to relieve symptoms of certain serious medical conditions.
The MCR PCS is an online software application that evaluates a patient’s answers to a series of questions related to their medical condition to determine if they qualify for a medical marijuana recommendation. Answers are stored in a database and become a part of the patient’s medical history. A printable certificate is generated and stored in our database.
The Directory is a listing of professionals, providers, patient groups, co-ops, dispensaries, attorneys and others related to the medical cannabis community. Use the MMA Directory Search tool and locate people and professionals by zip code or keyword. Submit your basic listing for free!
Step 3: Download and print important documentation...
The Document Center gathers many important documents in one place so you find what you need to print quickly and easily. Build a paper trail of protection for you, your doctor and medical care professionals, caregivers, and others. Downloads for patient growing guidelines, information for law enforcement and much more will be found here. Help build the library; registered members can submit documents to share with others!
