Medical-Pot Conviction Voided Over Evidence
Butte County’s only guilty verdict to be returned so far in a medical marijuana case has been thrown out of court.
Michael Kelly, 22, who was acquitted last spring of felony cultivation and sales charges but convicted of misdemeanor drug possession, asked a Butte County Superior Court judge Monday to grant him a new trial.
Judge Robert Glusman instead threw out the conviction, saying there wasn’t enough evidence. At trial, a Berkeley psychiatrist told jurors he had recommended marijuana for Kelly’s obsessive compulsive disorder.
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