TEMECULA: Medicinal marijuana user arrested, pot seized
Temecula police say Martin and LaVonne Victor had more marijuana than legally allowed
By JOHN HALL - Staff Writer | ∞
TEMECULA ---- Marijuana has been seized from the home of a Temecula couple who are legally allowed to use the drug for medicinal purposes.
At issue, Temecula police said Monday, is the amount of marijuana that officers found at the Palmetto Way home of Martin and LaVonne Victor, as well as whether they are running a legal marijuana "co-op."
The couple have state-issued identification cards allowing them to possess and use medicinal marijuana, police said. Martin Victor has been diagnosed with optical edema and his wife with multiple sclerosis and panic attacks.
The Victors could not be reached for comment Monday.
Martin Victor, 56, was arrested and booked on suspicion of cultivation of marijuana and possession of marijuana for sale, and possession of concentrated cannabis, or hashish, according to Southwest Detention Center records. Victor was able to post bond on $50,000 bail and was released Saturday, records state.
Seized from the Victors home Friday night were 70 plants, which Temecula police Lt. Scot Collins said ranged from a couple of feet to 6 feet in height, as well as 5 pounds of dried, cultivated marijuana.
"The amount found was extreme for what they should have there," Collins said.
Under guidelines released last month by the California attorney general's office regarding marijuana grown for medical use, qualified patients who possess a state-issued card identifying them as such "may possess 8 oz. of dried marijuana, and may maintain no more than six mature or 12 immature plants per qualified patient."
Collins said the Victors claim to run a legal "cooperative" from their home and showed officers photocopies of state-issued medical marijuana ID cards for 10 other people.
"There is a question if just 12 people would be consuming that amount of marijuana," the lieutenant said.
Under the attorney general's guidelines, that would allow the Victors to have 72 plants and 96 ounces of dried marijuana for themselves and 10 others in their "co-op."
However, Collins said officers found no proof that the Victors were operating as a cooperative under state law.
"There were no records of incorporation, no board of directors, nothing like that," the lieutenant said. "All indicators are that the marijuana found there was not just for the Victors and those 10 others."
At the home, police also allegedly found a small amount of hashish and hashish-smoking pipes, which are both illegal, the lieutenant said.
Collins said officers went to the Victor home after receiving complaints from neighbors about the smell of marijuana and also because a helicopter from another, unidentified law enforcement agency notified Temecula police of seeing a large amount of marijuana in the backyard.
Before going to the home, officers consulted with the district attorney's office and obtained a search warrant, which they served Friday, he said.
After seeing the quantity of marijuana, officers again consulted with a deputy district attorney who recommended the arrest and seizure of the marijuana, Collins said.
This is not the first time an arrest and marijuana seizure has happened at the Victor home.
In October 2001, the Victors were both arrested after police went to their home and seized marijuana.
At a court hearing in 2002, their defense attorney said police seized about 6 or 7 pounds of marijuana stored in mason jars, with the rest of the seizure being primarily leaves, stems and plants with soil still attached.
However, a prosecutor countered that there were nearly 16 pounds found in mason jars, another 6 pounds in trash bags and eight plants being cultivated. The couple could have faced up to three years in prison if they had been convicted as charged.
Ultimately, a plea agreement was reached in December 2003 in which all charges were dropped against LaVonne Victor, and Martin Victor pleaded guilty to a misdemeanor count of furnishing an ounce of marijuana with all other counts against him being dropped.
Contact staff writer John Hall at (951) 676-4315, Ext. 2628, or jhall@californian.com.
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esteban wrote on Sep 23, 2008 7:38 AM:These people are having their rights trampled on. Shame on TPD for depriving them of their medical rights.
Amazed wrote on Sep 23, 2008 7:53 AM:The Temecula Police Dept should be ashamed of themselves. This is NOT the best way to curb drug use in Temecula. They should be out there busting the meth heads, new gang bangers from la and sd and keeping cocaine and heroine out of our community. Some old people smoking weed is not hurting anyone.
Into the slammer wrote on Sep 23, 2008 8:00 AM:Throw them in jail, they can share a cell with some hardened criminals; bet they figure out how much they are allowed to have after that. I have no pity for drug users, there is no punishment too severe for people who abuse illegal drugs.
Temecula Mom wrote on Sep 23, 2008 8:23 AM:to Slammer,
Obviously you suffer from NO life altering ailments - good for you. It doesn't appear that this couple is using these recreationally, and I'm sure they would trade this for good health in a minute. As long as they are not pushing pot on my kids or yours, what is your problem? Give them a break. It's legal. Get over it.
If at first you dont succeed . . . wrote on Sep 23, 2008 8:24 AM:Riverside county is again wasting my tax dollars. The state has said they are not "abusing" illegal drugs. They are allowed to have their drugs. The best part of this article is the last paragraph where it talks about what happened last time, nothing! What a vindictive waste.
CAUTION wrote on Sep 23, 2008 8:56 AM:"POT" Stirrer's Blog...LOL
To Into the slammer wrote on Sep 23, 2008 9:11 AM:Are you for real? I know more people who are abusing their prescription meds than those who use "illegal" drugs. It's narrow minded folks like you that keep us from making any progress with anything in this world. Maybe you should smoke a joint and relax.....In the meantime, why are my tax dollars being spent on sting operations like this? Leave these folks alone! They aren't hurting anyone. It always surprises me how much time and money gets spent on tracking down marijuana users when pot smokers are usually the most mellow people I've met. They aren't out robbing liquor stores. They're not beating the crap out of their wives. They go to work, pay their bills and take care of their families. I would much rather be with a pot smoker than a drunk. Why is it perfectly okay for people to abuse alcohol because it's "legal" when it is definitely one of the most destructive drugs out there? Look around you "Into the slammer," there are a lot more folks smoking weed than you think. Grandparents, teachers, lawyers, doctors. Take your "reefer madness" attitude and move to Pennsylvania, the Quakers are waiting for you....
Mark wrote on Sep 23, 2008 9:30 AM:Just legalize it already.
Read wrote on Sep 23, 2008 10:25 AM:the article again. This couple was way over the limit for their own use. Just what do you think they were doing with the rest of it? Donating, saving for a rainy day or selling? Duh! Maybe to your kids.
Hey read wrote on Sep 23, 2008 11:59 AM:Maybe your kids, not mine. It's called parental supervision. Look into it.
Recreational wrote on Sep 23, 2008 12:55 PM:What moron says illegal things are recreational? Like having several recreational drinks and then going driving? How about recreational shooting? I like guns, but does that mean I get to load-up six and bring them to school or the grocery store? Here is a note to those of you that couldn't make it past the fourth grade; adding the word "recreational" on the front of illegal things doesn't make them magically legal.
Slammer wrote on Sep 23, 2008 12:57 PM:You are correct, I do not have any ailments that require illegal drugs. And if "are you for real" knows of people abusing recreational drugs; go turn them in for their own good instead of being too afraid to do the right thing. And since you don't have the intellect to understand tax dollars; once the gov takes them from you- you have no more say, so just stick to your whining on a blog! My way is the legal way, deal with it!
Um... wrote on Sep 23, 2008 1:05 PM:Just because "you know of lots of people smoking weed" doesn't make it the right thing. Most of the nation is obese- not necessarily the best thing. The average person has an $8,000 balance on credit cards; not necessarily the right thing. Rice is the most popular food in the world; doesn't mean it beats a steak. When I read "most people are doing it" I recommend you go the other direction.
BIG BROTHER wrote on Sep 23, 2008 1:22 PM:Why are their helicopters looking into people's back yards! What is this Big Brother. I demand my privacy. It makes me so Mad to think that my taxes are paying for helicopters to snoop on me and my neighbors! This has got to stop! This type of activity violates my right to privacy and should be outlawed. I also feel that Prescription drugs are abused and over priced. I support natural alternatives like Pot!
stoner wrote on Sep 23, 2008 2:32 PM:I hope someday you get a quality of life lesson. To be more specific when you watch someone you love or yourself dying1! While your on that path, pay attention to the individual who won't be with us much longer, under the influence of opiates and similar drugs. Then I hope you get to observe the same person while using or smoking medical cannibis. Then make your own informed decision. By the way what ever happened to the vote and will of the people.
Stoner Cannibis wrote on Sep 23, 2008 3:10 PM:Call it whatever makes your day go easier; it's illegal- tough luck for you! Deal with it-
Black Helicopter wrote on Sep 23, 2008 3:12 PM:I am a Black Helicopter pilot. The government pays me, secretly, lots of money to spy on people's back yards in Temecula, Ca. I had my finger prints erased, I have no identity, I don't exist; I am BIG BROTHER! Get a life...
Kevin wrote on Sep 23, 2008 3:28 PM:Dope is dope and society has deemed it should be illegal. Medical marijuana is a fiction. The FDA and AMA does not recognize marijuana as "medicine." There is no other medicine ingested by smoking because the dosage can't be regulated and the smoke is deadly. Just because some selfish dopers want to smoke weed at the expense of all of us, voters thinking they were doing the right thing voted to allow "medical" marijuana. It is snake oil that does not cure every disease known to man as the dopers would lead you to believe. We send mixed messages to our kids when we allow allow situations like this.
curious wrote on Sep 23, 2008 10:22 PM:I wonder if all of the members of mr. victor's co-op had 5 lbs of canibis? One way to tell of he was legit would be to see how much all the other members had in their possession. If they didn't all have a large amount it would appear that maybe he was using the co-op to make sure he always had a fat supply of marijuana on hand. If they all have their fair share, the let them be.
What a joke wrote on Sep 24, 2008 1:13 AM:"Optical edema" and "panic attacks" LOL!
Just poor excuses to smoke weed prescribed by a pot-head doctor. I'd be curious to know what tangible evidence she has for her diagnosis of MS. Regardless, there are more safe and effective medications to treat these and other problems. Medical marijuana is just a back-door way for people to smoke it. Simple as that.
Gringo wrote on Sep 24, 2008 5:46 AM:70 plants is a bit much i'd say.
JimRT wrote on Sep 24, 2008 6:26 AM:To "To into the slammer".
I give you a Harumph!
Nothing will sink into the heads of these people that want to believe they are the righteous few.
Jonpauls wrote on Sep 24, 2008 6:57 AM:Yeah!
Only abuse legal drugs.
So THERE
Prop 215 wrote on Sep 24, 2008 7:15 AM:Prop 215 may or may not apply in this situation...that seems like a lot of marijuana. Prop 215 is the LAW however and was passed in a free and open election. It represents the will of the voters of California just as does Prop 13. I bet that the FEW anti-medical marijuana hold-outs would grouse non-stop if someone tried to make them pay the ACTUAL property tax on their homes. We'd hear about the injustice done to them and how the USA was no longer a democracy. THE SAME GOES FOR PROP 215...you don't get to pick and choose after the voting is done. Respect one Prop...respect them all.
Tobacco Is OK wrote on Sep 24, 2008 7:38 AM:Outlaw tobacco and then come back and tell me how bad marijuana is.
The War on Drugs is, like everything else we attach the word "war" to these days, is a lost cause and is perpetuated for the benefit of law enforcement types (who get a LOT of money for activities and programs claimed to be for fighting this war).
No knock warrants, long prison sentences for small amount possession (unless you are a celebrity).
Where are the conservatives and Republicans who believe in getting the government off the backs of the people? If you think the war on drugs is justified in any way you are part of the problem with eroding rights int his contry, not part of the solution. Go salute your flag and brandish your gun (which if you did that during a drug raid on your house would earn you a bullet in your head).
Robert wrote on Sep 24, 2008 8:05 AM:Temucula cops should have better things to do. There seems to be alot of shootings. Some of you need to read the book "the Emperor wears no cloths" by Jack Herer.
Study study study wrote on Sep 24, 2008 8:42 AM:For those commenting who have not read the history of marijuana, please do so. It is fascinating. Just to get you started. Did you know that the United States Army issued marijuana for a while? Did you know that the government did legalize marijuana for everyone to use? When and how was marijuana made illegal? The government does not want to stop mind altering drugs. They only want control of the ones they can make a profit from with taxes. Because marijuana can be grown by anyone and anywhere, it is can not be profitable for the government. That is why it is illegal. If yo study what marijuana does, you will choose it over alcohol. If you study what the government did and wants, you will know why marijuana is illegal.
Amazed wrote on Sep 24, 2008 9:16 AM:Let it be legal and the only difference would be less money wasted putting people in jail and more money generated by taxing it. The tax money raised off of legal herb would be astounding, because so many smoke secretly in their homes. Silly choice to not legalize something 30% of the nation enjoys. More people smoke herb in the USA than hunt with guns, but guns are legal - because they should be! This is a free country. Smoking herb doesn't hurt anyone but the person smoking it any more than drinking hurts the drinker.
Yikes wrote on Sep 24, 2008 9:41 AM:Cheech and Chong reunited and are touring again.
tom wrote on Sep 24, 2008 9:58 AM:i blame the mexican's for this.....just kidding, it's a plant. till we have no sun light they will continue on.
black helicopter wrote on Sep 24, 2008 10:34 AM:like i said i'am a tool for the goverment i ONLY look for marijuana, pay no attention to meth houses they are nice people unlike pot smokers
sarah wrote on Sep 24, 2008 10:48 AM:alcohol and pills are so much more fun than weak(puts me asleep)pot, i can drive and work,play with my kids and know one can tell.love those legal drugs and alcohol.
i like wrote on Sep 24, 2008 10:59 AM:the way our goverment works i can go buy alcohol get way drunk till i die but thats o.k but to smoke alot of pot and fall asleep i might as well be part of the taliban or bin ladins friend.
goverment lover wrote on Sep 24, 2008 11:12 AM:i bet the profits were going to bin ladin and other terrorist good to get these pot growing thugs put in jail so we(tax payers)can sleep at night knowing these two menaces to society are locked up good.
mike wrote on Sep 24, 2008 11:21 AM:yeah go after those pot growers there too nice, me on the other hand like the hard stuff so i like to punch people in the face add alcohol in the mix then its on,just don't bump me a the bar,no wait bump me i would love it,then we will see who's tougher.
thats exactly wrote on Sep 24, 2008 11:26 AM:what my celly told me to stay away from pot because the cops never have any one fight back cause their nice stoners, so i been in the tweek trade which the cop's are scared of,they go after"easy targets".
sobering wrote on Sep 24, 2008 11:33 AM:I would br the first to admit pot, marajuana is not for everyone. Especially those sixpack toting anti-depression med swallowing mind numb robots. They have not had an individual thought in ages. Just read some of these comments. We know what the law says. Does that make it right? Study some history learn something maybe. Why has the war on drugs only produced record opium crops in Afganistan? The age old battle continues the tokers VS. the drinkers.
There are no drugs wrote on Sep 25, 2008 4:58 PM:in Copland.... leave us alone, we have speeding tickets to write and restraunts to stake out..... your all crimials... we WILL get you....
wasteof wrote on Sep 25, 2008 5:22 PM:Waste of tax payers $... Lets go after real criminals!!!!
tmeck wrote on Sep 25, 2008 5:55 PM:i think i might have bought some danks from them
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