Hung Jury Where Client Sold Marijuana to an Undercover Officer

People v. R (2012) -Alhambra

Client was operating a mobile dispensary in the San Gabriel Valley and was contacted by an undercover police officer. The officer claimed that he was a medical marijuana patient throughout the transaction but had failed to give his recommendation the client. When the police officer approached the client for the exchange, the Client felt pressured and feared for his life after observing a bulge on the officer’s belt which turned out to be his service firearm. Not wanting to risk his life, Client exchanged the marijuana for cash and drove away.

At the jury trial, Attorney David F. Poblete presented a mistake of fact defense. The be specific, the client could not have formed the requisite intent to illegally sell marijuana because he had a reasonable belief that the officer was a medical marijuana patient. After deliberations, the judge ruled a mistrail due to a hung jury.


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