http://www.drugpolicy.org

Redding May 1-In a highly publicized trial three years ago, Lydia Hall, of Redding, and her son, James, were convicted of conspiracy to cultivate marijuana and sentenced to one and 75 days, respectively, in the Shasta County jail. Both sentences were stayed pending appeal.

On April 28th, a three-justice panel of the state's 3rd Appellate District in Sacramento ruled that defense attorney Eric Berg should have objected to a jury instruction that stated a defendant was not guilty if that person had "reasonable" belief that his or her actions were legal and, thereby, overturned the conviction.

During the trial, the Halls were acquitted of cultivation and possession charges, but were convicted of a conspiracy charge, as jurors believed the number of plants seized from the Halls' home were too many. The Halls believed their garden was legal under California's Compassionate Act, Proposition 215, as they both have doctor's prescriptions to use medical marijuana.

Proposition 215 does not specify guidelines as to how many plants a patient can possess causing confusion among, patients, caregivers, law enforcement and during trials. A few of California's 55 districts have adopted guidelines with varying restrictions.