Details and assumptions matter in defending against drug charges

Following a recent investigation by federal agents with the Drug Enforcement Administration, a martial arts instructor and three other individuals have been charged with selling excess marijuana under Oregon's medical marijuana program, and then selling it illegally.

The martial arts instructor was specifically charged with manufacture, distribution, and possession of marijuana, as well as conspiracy charges. The three others face similar charges and have been accused of working at several illegal marijuana gardens, one of them being that of the martial arts instructor.

The martial arts instructor is reportedly listed as a caregiver for medical marijuana, registered for 30 patients at a time.

Courts documents list in detail the specific number of marijuana plants federal agents claim to have seen on the instructor's property, the number that was harvested, the number of plots on which marijuana was grown, the poundage of marijuana found at the instructor's home, and various other details that go into their case.

Ultimately, agents accuse the instructor of selling the marijuana on the black market for profit, though it isn't clear how much direct evidence they have to support their case.

In a case like this, the specific facts offered by the prosecution are important, as well as the assumptions on which their case rests. Prosecution, in proving these types of cases, has sophisticated and detailed data to rely on, but they don't necessarily have the whole story. Neither do they necessarily connect the dots accurately? Building a strong defense requires calling into question any assumptions or inaccuracies in the prosecution's case.


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