RI Criminal Defense Attorney MacDonald found this related medical marijuana article about a Hopkinton man who was found to be in possession of marijuana plants over his allowable medical marijuana growing limit. The full article follows below.
Too much weed leads to felony arrest
September 8, 2010
VICTORIA GOFF
Sun Staff Writer
HOPKINTON - An Ashaway man faces felony charges for illegally cultivating pot because police say he possessed more than the legal limit allowed under the state's medical marijuana law.
Jason C. Shafovaloff, 30, of 29 Maxson Hill Road, is free on surety bail after being arraigned on the two felony counts in Fourth Division District Court on Sept. 1. He has not yet entered a plea to the Hopkinton police charges because felony pleas are only accepted in Washington County Superior Court, where his case will be heard if the state Office of the Attorney General decides to proceed with the matter.
The attorney general's office is expected to review the case Oct. 8.
Police searched Shafovaloff's residence last week after a confidential informant reported that he and his friend recently purchased marijuana from Shafovaloff at the Maxson Hill Road house, according to a police report.
Police said they found 88 marijuana plants - including 44 full-grown plants - and more than 36 ounces of pot.
A representative from the state Department of Health, responsible for overseeing Rhode Island's medical marijuana program, told police that licensed caregivers are allowed to possess up to 12 full-grown plants per patient, with no more than 24 plants allowed for a maximum of five patients. A caregiver can also possess 2.5 ounces of marijuana per patient, up to a maximum of 5 ounces total.
Shafovaloff told police he had a patient and caregiver card for himself, as well as two caregiver licenses for other patients. One of those cards had expired two days prior to the police search, according to the police report.
Rhode Island began its medical marijuana program in 2006, allowing those without felony drug convictions and at least 21 years old to be licensed "caregivers." Caregivers provide marijuana for the program's enrolled patients who have a "debilitating medical condition," such as cancer, Crohn's disease or chronic pain.
Shafovaloff, who maintained he acted within the limits of state law, told police he never knowingly sold marijuana to non-patients or friends, but admitted he "occasionally gave marijuana to patients that were not his."
Shafovaloff "believed he could do this legally," the police report says.
Along with the marijuana, police said they also seized nearly $2,000 in cash and seven glass pipes and bongs.
Shafovaloff has been previously convicted of suspended license and driving under the influence charges in Rhode Island. The status of his medical marijuana licenses was unknown by press time this morning; a health department spokeswoman did not return a phone message.
Charlestown police assisted in the investigation with Hopkinton police.
The departments worked together earlier this year when they arrested a Charlestown couple on drug and weapons charges in February. Sarah J. Garafola had a medical marijuana caregiver license, and her live-in boyfriend Justin M. Gourlay was a convicted felon, according to reports from police, who found pot, cocaine and firearms at their house.
Garafola, who lost her caregiver license, eventually pleaded no contest to a marijuana charge and received a deferred sentence. Gourlay is now serving a three-year prison sentence for the charges.
If you or someone you know has been charged as a medical marijuana grower with being over the legal limit for plants or in possession of marijuana, contact me immediately at (401) 421-1440 or by email at jm@jmaclaw.com
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