“They’re not protected by the medial marijuana laws,” McCoy told the jury. “This is a sales case.”
Both defendants have been issued medical marijuana cards allowing personal use. But the key distinction is that Monteiro also enjoyed a “caregiver” designation, which makes it legal for him to “transfer” marijuana to patients.
The jury acquitted Monteiro on each of five counts. Peterman was acquitted of three counts but convicted of conspiracy and a sales related charge.
“They were acting within the bound in Arizona of the Medical Marijuana Act,” said Monteiro attorney Brad Rideout. “This is a case of police overreach.”
Rideout and Peterman lawyer Nathan Benedict said the trial exposed some loopholes and clarity issues involving Arizona’s voter-approved Medical Marijuana Act.
Peterman faces up to 3 3/4 years in prison at a September 9 sentencing hearing, but both defense attorneys agreed she’ll likely be placed on probation by Judge Lee Jantzen.