Defendant’s Death Prompts Dismissal of Charges in Medical Marijuana Case
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SAN FRANCISCO — The death of one of the defendants in one of the first criminal court cases involving the state’s medical marijuana initiative has forced prosecutors to drop the charges.
The case against Jason Miller and Alan Martinez, in which the two were accused of growing pot in their Santa Rosa home, was dismissed Wednesday in Sonoma County Superior Court.
Martinez said he had been smoking marijuana for 10 years on his physician’s advice to prevent epileptic seizures. Miller said he was Martinez’s caregiver and grew pot legally under Proposition 215, the medical marijuana initiative passed by voters in November.
Martinez died July 3 in a car accident in Sonoma County, possibly after a seizure.
That weakened the case against Miller, prompting prosecutors to drop the charges, said Kathleen DeLoe, chief deputy district attorney.
“I felt it would be real hard to convict Mr. Miller by himself,” she said.
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