ARE DISMISSALS NEAR FOR THE DOOBIE DOZEN?

The wheels of justice continue to spin for the defendants known as the
Doobie Dozen, but those wheels may be gaining traction.

The District Attorney's Office is considering dropping at least some
of the controversial criminal cases brought against local medicinal
marijuana delivery service operators after prosecutors failed to
convince the judge to draft jury instructions favorable to the
office's interpretation of state law.

Eight current and past defendants in the year-long cases waited for
more than three hours in the San Luis Obispo County Superior
Courthouse on Jan. 10 to hear Judge Barry LaBarbera finalize the set
of jury instructions. The resulting list will guide jurors on how to
interpret evidence and testimony presented at trial concerning the
convoluted medical marijuana laws.

Word had been circulating that the D.A.'s Office would say it couldn't
proceed to trial if the jury instructions didn't lean in its favor.

According to the instructions, the jury will have to consider whether
the defendants possessed valid physicians' recommendations, operated a
collective, reasonably believed that the undercover officer also
possessed a valid recommendation, believed that the officer expected
to contribute to the collective, only accepted a reasonable amount of
compensation for the marijuana, and intended to maintain records of
member contributions.

Major issues of contention were whether exchanging money for marijuana
constituted an "association." LaBarbera ruled that it may. There were
also questions about whether a prior relationship was required to
"collectively cultivate" marijuana. LaBarbera ruled that such a
relationship wasn't required. However, he said, it will be up to a
jury to decide to what extent financial records are required to
operate a collective within the law.

Attorney Patrick Fisher told New Times he's confident the instructions
provide a reasonable doubt of the defendants' guilt. But prosecutors
aren't ready to throw in the towel just yet.

"This may mean the People can't proceed, but I think we need more time
on this," Deputy District Attorney Jesse Marino told LaBarbera.

District Attorney spokesman Jerret Gran told New Times the office is
considering filing a motion to dismiss the cases if they find it
unlikely the instructions will lead to guilty verdicts. Following that
potential dismissal, the office is considering taking the cases to
state appellate court in order to get clarification on what is allowed
under state law, he said.

Despite the favorable instructions, the defendants present for the
hearing were visibly disappointed at the proceeding's slow pace.

"I don't think [my clients] understood just how significant [the
hearing] was," Fisher said. "They're understandably very anxious, but
these [jury instructions] are consistent with state law."

Prosecutors are expected to make a decision whether they'll proceed to
trial on Jan. 17.