DA to continue medical marijuana prosecutions

BARSTOW • A Barstow married couple arrested for marijuana cultivation during a gang sweep in September may still stand trial despite the husband’s medical marijuana recommendation and a recent California Supreme Court ruling eliminating medical marijuana possession limits.

Brian Depue, 30, and Joelle Depue, 25, were arrested at their home on the 400 block of McBroom Avenue when police discovered marijuana growing inside on September 27. Officers were attempting to serve a warrant during the gang sweep, but the target of the warrant was not at the residence Sgt. Andy Espinoza Sr. said. Although Brian showed officers documentation of his medical marijuana recommendation for Crohn’s disease, he and Joelle were arrested.

Police report finding 41 plants in the house. However, Brian said many of his plants were dead or what he called clones, which are cuttings taken from plants, and that most never become plants.

The couple was arraigned on charges earlier this month. However, their preliminary hearing was rescheduled until April 6 to await the California Supreme Court’s decision in the case of The People v. Patrick Kelly, according to Deputy District Attorney Rick Golden. Kelly, who suffers from hepatitis C and several other health problems, was convicted of possessing more than an ounce of marijuana and cultivating marijuana.

The California Supreme Court overturned Kelly’s conviction and unanimously ruled on Thursday that lawmakers were wrong to change provisions of the voter-approved Proposition 215, which legalized medical marijuana in 1996. The legislature added new Health and Safety Code sections which set possession limits at a maximum of eight ounces of dried marijuana and six mature or 12 immature plants in 2003.

“I’m happy about (the ruling),” Brian said. “It’s what we’ve been hoping for this whole time. We’re still waiting to see what happens now.”

Golden said the decision could impact several pending marijuana-related cases including the Depues'.

“I don’t know what will happen yet,” Golden said Friday. “The Supreme Court eliminated certain Health and Safety Code sections so if those apply in the Depue case it could have an affect. We are still reviewing cases right now. It is a really significant decision.”

Although the California Supreme Court eliminated medical marijuana plant limits, San Bernardino County Assistant District Attorney Dennis Christy said his office intends to continue prosecuting medical marijuana patients believed to be involved with criminal activity.

“It won’t change anything,” Christy said. “We’ve been aware of the potential decision in the case and haven’t just made decisions based on quantities. We’ll continue to evaluate each case individually.”

Whether a patient possesses enough marijuana for treatment or drug sales will now be left to judges and juries during preliminary hearings and trials, according to Christy.

Brian said his recommendation allows him to use as much marijuana as necessary to treat Crohn’s disease, which has no cure and causes pain and other symptoms in the digestive system. He was diagnosed when he was 18.

Brian was prescribed marijuana by a doctor at Medical Marijuana Evaluation Center, a clinic in Norco, last January.

Contact the writer:
(760) 256-4126 or dheldreth@desertdispatch.com