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United States v. Anna and Gary Barrett (2003-2005, San Bernadino County)

posted Jan 31, 2013, 11:50 AM by The Editor   [ updated Feb 22, 2013, 2:37 PM ]
After marijuana cultivation charges against Anna and Gary Barrett were dismissed by a San Bernardino County Superior Court judge on May 9, 2003, the Barretts were indicted by the federal government.  They were arrested on May 22, 2003 for five counts of conspiring to cultivate and cultivating marijuana, and maintaining premises to cultivate the marijuana. The indictment alleged that between September 2011 and February 2003, the couple cultivated 550 marijuana plants in Paso Robles, 134 plants in Victorville, and 34 plants near Helendale.  Gary and Anna were sentenced to 2 years of probation on Jan 30, 2006.

The Barretts were initially arrested at the state level for cultivation and distribution of marijuana in June 1999 by the San Bernardino County Sheriff.  Both had doctor's recommendations for cannabis.  After the couple pleaded guilty to cultivation in a plea agreement with the San Bernardino County District Attorney's office, they were sentenced to three years probation.  In a court order, Victorville Superior Court Judge Stephen Ashworth agreed to let the couple grow up to 34 plants and that may yield up to 7.1 pound of marijuana for medical use, while on probation in 2000.

A judge also ordered a jury trial in a $300,000 civil suit by Gary and Anna Barrett against San Bernardino County and detective Mike Wirz. The Barretts filed the suit for damages including their lost medicine and destroyed growing equipment.

Sources (incomplete):

Gieringer, Dale. "State Supreme Court Mower Ruling Protects Prop. 215 Patients." CA NORML News. California National Organization for the Reform of Marijuana Laws, 18 July 2002. Web. 22 Feb. 2013. <>.