Colorado Woman Acquitted by Jury of Cannabis Charges for 2013 Home Grow

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A 60-year-old Colorado woman has been acquitted at trial of possession of cannabis with intent to distribute, possession of more than 12 ounces, and possession of cannabis concentrates after her lawyer successfully argued that the state’s law does not limit how much cannabis an individual can possess if it is grown in accordance with the statute, the Grand Junction Daily Sentinel reports.

Brenda Maggio was offered a plea deal with the case, the same one as her son Javier – a guilty plea in exchange for a deferred judgement, which allows the charges to be dropped from his record once his probation is complete – however, Brenda favored a jury trial. Her attorney, David Eisner, argued that the mother and son were legally allowed to grow 12 plants for personal use and there was no legal reason they could not keep everything they grew. Police found 5 to 50 pounds of cannabis in the shared home during a welfare check of a suicidal woman in Dec. 2013.

David Schwenke, the prosecuting attorney, indicated that the case was “one of the first big busts” following legalization in the state and told the Sentinel that there were “a couple of things [law enforcement officials] could have done differently.”

The case will not be considered a “landmark” case because it was tried in district court and not an appeals or supreme court.


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