From the Open-Publishing Calendar
From the Open-Publishing Newswire
Indybay Feature
S.D. Caregiver Eddie Lugan Pleads
Eddie Lugan, a San Diego medical marijuana caregiver who was
arrested in Oceanside while carrying 2 ounces of medicine in his car,
agreed to accept a plea bargain rather than go to trial for felony
distribution. Here is his story.
- D. Gieringer, Cal NORML
arrested in Oceanside while carrying 2 ounces of medicine in his car,
agreed to accept a plea bargain rather than go to trial for felony
distribution. Here is his story.
- D. Gieringer, Cal NORML
>From: Eddie Lugan <eddielugan at yahoo.com>
>Subject: Court Outcome
>
>To whom it may concern,
>I write you this email with much regret, I wish I had some
>groundbreaking good news for you but I don't. I'm writing to inform
>you about my Court Case and the outcome of it, as you may know I
>went to Court last Wednesday 01/24/07 for charges of transportation
>and sales. I was carrying medical marijuana (A little under 2
>ounces) for myself and a few other patients that I was caring for
>and I got arrested for it "To keep it short" and I went to my trial
>date. When I got there the D.A. had informed me that he was filing a
>motion to make me defenseless against him by saying that I didn't
>meet the legal guidelines for being a caregiver and that if he
>prevailed then I would be prosecuted for sales of marijuana, just
>like a criminal I guess. My lawyer was going to Counter Motion on
>the grounds that I'm allowed a defense under Prop.215 but I think it
>could have gone either way in Court, who's to say? The D.A. took me
>and my public defender aside and spoke with us before the trial, he
>made me an offer that I thought was reasonable considering the
>circumstances. It was a plea bargain that dismissed the 2 felonies
>and gave me the charge of 11357(a) possession of concentrated
>cannabis a misdemeanor. I'm on 3 years summery/informal probation
>and I will be eligible to get the charges expunged after probation,
>I have to pay a $100 lawyers fee or a fine in other words. I'm still
>able to be a medical marijuana patient (Thank God) as long as I stay
>within the States Guidelines stated in S.B.420 except the fact that
>I'm no longer able to be a provider/caregiver for other patients.
>They basically don't want me selling or giving away any marijuana
>but I'm still allowed to carry for my own medical needs.
>Unfortunately I got screwed out my bail amount of $2,500 of my own
>hard earned cash along with $125 that the Oceanside Police took out
>of my wallet, my medicine a little under 2 ounces, my scale, my
>personal and patient files, my hookah, my bubbler, my pipes and
>rolling papers and my back pack. The D.A. refused to grant me a
>return of property request in the plea bargain. I'm glad though that
>I'm not in jail or that I didn't get a felony and lose my Real
>Estate License but I regret not fighting for it full force and
>setting some sort of ground in San Diego. I wish I would have risked
>it in some sense but I really wanted to get the whole thing over
>with, sorry if I let anyone down. It's hard to risk it when you have
>something to loose, it's still something I'm getting used to. I want
>to thank everyone who was there supporting me through that difficult
>time in my life, I really appreciate it very much. May God Bless you
>all and I wish you all the best. I hope I helped the cause in a good
>way, thanks again.
>
>Eddie Lugan-Real Estate Agent & Realtor
>Medical Marijuana Patient
>Ex-Caregiver & Ex-Owner/Operator of
>North County Medical Caregivers Delivery Service
>
>
>Subject: Court Outcome
>
>To whom it may concern,
>I write you this email with much regret, I wish I had some
>groundbreaking good news for you but I don't. I'm writing to inform
>you about my Court Case and the outcome of it, as you may know I
>went to Court last Wednesday 01/24/07 for charges of transportation
>and sales. I was carrying medical marijuana (A little under 2
>ounces) for myself and a few other patients that I was caring for
>and I got arrested for it "To keep it short" and I went to my trial
>date. When I got there the D.A. had informed me that he was filing a
>motion to make me defenseless against him by saying that I didn't
>meet the legal guidelines for being a caregiver and that if he
>prevailed then I would be prosecuted for sales of marijuana, just
>like a criminal I guess. My lawyer was going to Counter Motion on
>the grounds that I'm allowed a defense under Prop.215 but I think it
>could have gone either way in Court, who's to say? The D.A. took me
>and my public defender aside and spoke with us before the trial, he
>made me an offer that I thought was reasonable considering the
>circumstances. It was a plea bargain that dismissed the 2 felonies
>and gave me the charge of 11357(a) possession of concentrated
>cannabis a misdemeanor. I'm on 3 years summery/informal probation
>and I will be eligible to get the charges expunged after probation,
>I have to pay a $100 lawyers fee or a fine in other words. I'm still
>able to be a medical marijuana patient (Thank God) as long as I stay
>within the States Guidelines stated in S.B.420 except the fact that
>I'm no longer able to be a provider/caregiver for other patients.
>They basically don't want me selling or giving away any marijuana
>but I'm still allowed to carry for my own medical needs.
>Unfortunately I got screwed out my bail amount of $2,500 of my own
>hard earned cash along with $125 that the Oceanside Police took out
>of my wallet, my medicine a little under 2 ounces, my scale, my
>personal and patient files, my hookah, my bubbler, my pipes and
>rolling papers and my back pack. The D.A. refused to grant me a
>return of property request in the plea bargain. I'm glad though that
>I'm not in jail or that I didn't get a felony and lose my Real
>Estate License but I regret not fighting for it full force and
>setting some sort of ground in San Diego. I wish I would have risked
>it in some sense but I really wanted to get the whole thing over
>with, sorry if I let anyone down. It's hard to risk it when you have
>something to loose, it's still something I'm getting used to. I want
>to thank everyone who was there supporting me through that difficult
>time in my life, I really appreciate it very much. May God Bless you
>all and I wish you all the best. I hope I helped the cause in a good
>way, thanks again.
>
>Eddie Lugan-Real Estate Agent & Realtor
>Medical Marijuana Patient
>Ex-Caregiver & Ex-Owner/Operator of
>North County Medical Caregivers Delivery Service
>
>
Add Your Comments
We are 100% volunteer and depend on your participation to sustain our efforts!
Get Involved
If you'd like to help with maintaining or developing the website, contact us.
Publish
Publish your stories and upcoming events on Indybay.
Topics
More
Search Indybay's Archives
Advanced Search
►
▼
IMC Network