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This letter from an attorney requests dismissal of most charges against their client, Quinn Lonchiek-Reneham, who was arrested for marijuana possession and driving under the influence. The attorney argues the client was legally allowed to possess marijuana as a medical patient. They also argue there is no evidence he was under the influence while driving or intended to distribute drugs. The attorney requests preservation of evidence from the arrest and case documents for discovery purposes.
This letter from an attorney requests dismissal of most charges against their client, Quinn Lonchiek-Reneham, who was arrested for marijuana possession and driving under the influence. The attorney argues the client was legally allowed to possess marijuana as a medical patient. They also argue there is no evidence he was under the influence while driving or intended to distribute drugs. The attorney requests preservation of evidence from the arrest and case documents for discovery purposes.
This letter from an attorney requests dismissal of most charges against their client, Quinn Lonchiek-Reneham, who was arrested for marijuana possession and driving under the influence. The attorney argues the client was legally allowed to possess marijuana as a medical patient. They also argue there is no evidence he was under the influence while driving or intended to distribute drugs. The attorney requests preservation of evidence from the arrest and case documents for discovery purposes.
c/o District Attorneys Office 544 East Main Street East Brookfield, MA 01515
Re: Preservation and Records Request Com. v. Quinn Lonchiek-Reneham Case No. 1369CR001705 Arrest No. 13-98-AR Beai Piosecuting Attoiney: This office iepiesents Quinn Lonchiek-Reneham in the above iefeienceu case. This coiiesponuence auuiesses uiscoveiy mateiials anu chaiges. Pioceuuially we have a compliance heaiing next. Bowevei, I am willing to continue heaiing so that we may uiscuss this case. Impoitantly, I ask that you take some time when ieviewing the items in this coiiesponuence. This case involves a uefenuant with a uebilitating meuical conuition, along with law that is faiily new. In this case, the uefenuant lawfully possesseu meuical maiijuana puisuant a valiu iecommenuation fiom his uoctoi. The police, howevei, weie unawaie of the new law. They insteau believeu his uoctoi's iecommenuation was insufficient anu he neeueu a iegistiation caiu. They weie wiong. ! "#$%&&#'()*+%' -"%& ) (%$*%" +. */# #01+2)3#'* %- ) "#4+.*")*+%' $)"(. 1
1 We weie able to get the booking viueo which shows, not only the police the haiassing the uefenuant, but theii ignoiance about the law. !"" http:youtu.beASKKBWo47_g foi ielevant sections. The police saiu that uefenuant's iecommenuation fiom his uoctoi uiu not qualify him to possess meuical maiijuana. The police weie incoiiect. See Bepaitment of Bealth, FAQ Regaiuing the Neuical 0se of Naiijuana in Nassachusetts, ("Aie qualifying patients eligible foi maiijuana a while the piogiam is being implementeu. Yes. Buiing the time BPB is implementing this piogiam, the ballot measuie allows the wiitten iecommenuation of a qualifying patient's physician to seive as a meuical maiijuana iegistiation caiu."), as seen on http:www.mass.goveohhsuocsuphqualityuiugcontiolmeuical- maiijuanameuical-maiijuana-faq.puf Febiuaiy 24, 2u14 Page 2
In any event please ieview the following anu contact me to uiscuss. You may piefei calling, (41S) 268-6Suu. Regaiuing uiscoveiy mateiials, we iespectfully iequest (1.) pieseivation of the following mateiials, anu (2.) iequest an oppoitunity to view anu copy these mateiials at the veiy eailiest possible convenience: (1.) All viueocameia footage fiom the following locations: a. fiom police ciuiseis; anu, b. fiom Biookfielu Police Bepaitment, specifically the booking viueo. (2.) All auuio iecoiuings of communications between uispatch anu police anu officeis (this incluues state police). (S.) All auuio iecoiuings of any statements maue by Ni. Lonchiek- Reneham. (4.) All photogiaphs taken. (S.) All hanuwiitten notes of any investigative officeis involveu (incluuing state police). (6.) All inteiuepaitmental memoianuum anu tiaining uocuments iegaiuing maiijuana possession law anu meuical maiijuana law. (7.) All tiaining uocuments anu mateiials iegaiuing the aiiesting officei's knowleuge of maiijuana law, anu ielateu uepaitmental polices anu pioceuuies. (8.) All tiaining uocuments anu mateiials iegaiuing the aiiesting officei's knowleuge of opeiating unuei the influence, anu ielateu uepaitmental polices anu pioceuuies (9.) All lab iepoits anu analysis, togethei with the chain of custouy iepoits, of the testing uone on the maiijuana. Regaiuing the chaiges, Ni. Lonchiek-Reneham has been chaigeu with five counts: (1) opeiating unuei the influence of maiijuana, (2) negligent opeiation of a motoi vehicle, (S) possession of ovei an ounce of maiijuana, (4) intent to uistiibute a maiijuana, a class B uiug, anu (S) violating motoi vehicle stanuaius. Aftei uiscussing these chaiges with my client, all chaiges, except the motoi vehicle chaige, Count S, he maintains his innocence. The motoi Febiuaiy 24, 2u14 Page S
vehicle chaige was foi an expiieu vehicle inspection. Ni. Lonchiek-Reneham has since got the vehicle inspecteu, but uoes not wish to contest this chaige. The chaiges ielating to maiijuana possession, Counts S anu 4, shoulu be uismisseu. Count S must be uismisseu as a mattei of law as he is a meuical maiijuana patient, anu was in full compliance of the law 2 anu ielateu iegulations. S
Ni. Lonchiek-Reneham (a) possesseu the allowable amount, less than 1u ounces. Also, Ni. Lonchiek-Reneham (b) piesenteu his iegistiation caiu to law enfoicement officials who questioneu him iegaiuing the use of maiijuana. Regaiuing Count 4, intent to uistiibute a maiijuana, a class B uiug, please also consiuei uismissing this chaige. Piosecuting this chaige woulu likely iesult in a waste of iesouices anu, not succeeu. The majoiity of police tiaining anu expeiience with maiijuana ielateu objects aie as it ielates to ciiminal activities. In uiscussing this mattei with Biookfielu's Chief of Police, Ni. Blanchaiu saiu they have not expeiienceu many meuical maiijuana cases anu theie is not much guiuance about how to ueal with the issue. Foi example, maiijuana cultivation tools usually suggest to police ciiminal activity. The plant giowing objects in Ni. Lonchiek- Reneham's cai, to most officeis, suggest ciiminal activity, e.g. uistiibution oi cultivation. Touay, howevei, such objects may have lawful use. Qualifieu patients, like Ni. Lonchiek-Reneham, may cultivate maiijuana foi meuical use. 4 The plant giowing objects in Ni. Lonchiek-Reneham's cai weie foi lawful use. Be is a managei of a gaiuen facility in Bauley, NA, constantly tianspoiting uiffeient plant giowing equipment anu he may legally cultivate maiijuana. The lawful uses of the objects uo not help a chaige of intent to uistiibute. Also, maiijuana founu in his vehicle aie all consistent with peisonal use. Be is alloweu to possess up to 1u ounces of maiijuana. The chaige foi intent to uistiibute also falls shoit because the eviuence uoes not suppoit the infeience of uistiibution oi uiug sales. Theie is no packaging mateiials, scales, an attempt to avoiu appiehension, oi the such.
2 Session Laws: Chaptei S69 of Acts of 2u12, An Act foi the Bumanitaiian S 1uS CNR 72S.uuu, Implementation of an Act foi the Bumanitaiian Neuical Naiijuana. Bepaitment of Bealth. (http:ow.lys7mSu) 4 1uS CNR 72S.uuu, Implementation of an Act foi the Bumanitaiian Neuical Naiijuana. Bepaitment of Bealth. (http:ow.lys7mSu)
Febiuaiy 24, 2u14 Page 4
The amount of money Ni. Lonchiek-Reneham possesseu, $244, also is not stiong inuicia of intent to uistiibute. The 1S mail slips aie fiom his ioommate's online business. Anu, his business caiu was maue in anticipation of being a peisonal caiegivei. Bowevei, aftei the iegulations anu law came out, he was infoimeu that the business iuea to be a peisonal caiegivei foi multiple patients is not viable unuei the law. Regaiuing Counts 1 anu 2, my client was not unuei the influence of maiijuana while opeiating his motoi vehicle, noi acteu negligently. We iequest these chaiges be uismisseu. It seems, aftei ieauing the police iepoit, that the officei chaigeu Ni. Lonchiek-Reneham with 00I-Biugs uue to the smell of maiijuana anu Ni. Lonchiek-Reneham's eyes being "closeu" anu "glassy." Bowevei, iegaiuing the smell, the smell was of iaw- maiijuana, not buint maiijuana. Case-law, as you know, uiffeientiates the two. The ouoi of iaw maiijuana inuicates possession, not ingestion. Regaiuing his eyes, Ni. Lonchiek-Reneham was on his way home fiom woik wheie he using haish chemicals which agitateu his eyes. Bis employei is willing to testify to the those facts, as his employei was piesent uuiing the use of the chemicals. Also, it's not tiue that maiijuana causes ieuness in the eyes of eveiyone who smokes. The police officei nevei met Ni. Lonchiek-Reneham, uoes not know his noimal conuition noi askeu. Bowevei, if you wish to puisue this, I woulu appieciate the officei's uiug iecognition tiaining in auuition to the above mentioneu uiscoveiy. Fuithei, Ni. Lonchiek-Reneham actions show that he acteu piuuently anu ieasonably, not negligently oi unuei the influence of a uiug. The police officei who stoppeu Ni. Lonchiek-Reneham was tailgating Ni. Lonchiek- Reneham. Ni. Lonchiek-Reneham pulleu his cai ovei so the police officei coulu pass. Latei on, the police officei ultimately stoppeu Ni. Lonchiek- Reneham, but not foi sweaiing oi uiiving stiangely, but foi an expiieu inspection stickei. Fuithei, the fielu sobiiety tests aie inaumissible as they have no eviuentiaiy value anu aie piejuuicial. Refeiences to sobiiety tests aie iiielevant anu immateiial to piove the matteis at issue in this case, the allegeu uiiving unuei the influence of maiijuana by the uefenuant, anu aie thus appiopiiately piecluueu. I intenu to file a motion in limine on this mattei. Theie is no eviuence that the fielu sobiiety tests, which may be appiopiiate foi ueteimining whethei an inuiviuual is unuei the influence of Febiuaiy 24, 2u14 Page S
alcohol, aie applicable to inuiviuuals who aie suspecteu of being unuei the influence of maiijuana. The fielu sobiiety tests employeu by the officei in the instant mattei weie a piouuct of a stuuy by the 0niteu States Bepaitment of TianspoitationNational Bighway Tiaffic Safety Auministiation (NBTSA). These stuuies weie conuucteu foi the puiposes of uetecting alcohol intoxication only. Empiiical uata was gatheieu on passagefailuie iates uue to alcohol intoxication only. Without any establisheu scientific acceptance of empiiical uata coiielating the failuie oi passage iates of fielu sobiiety tests foi peisons intoxicateu with maiijuana, the tests aie of no eviuentiaiy value. S The fielu sobiiety tests will also misleau the juiy, anu is thus piopeily excluueu puisuant to Coue. Eviu. 4uS. The inuicia of maiijuana intoxication uo not pioviue sufficient eviuence to maintain a guilt beyonu a ieasonable uoubt. All in all, in my investigation of this case, I finu Ni. Lonchiek-Reneham a iespectable law abiuing peison. Be was acting unuei the coloi of law anu shoulu not be punisheu foi police ignoiance. When you get a moment, please contact me to uiscuss the status of this case: (41S) 268-6Suu (ext. 11u). Thank you foi youi time.
Coiuially,
Naivin Cable, Esq.
S Foi moie infoimation, see http:maivincable.comsfst-cannabis