“If I were to find that there was nothing unlawful about what these defendants had done by way of the medical-marijuana statute, and that they were within the framework of the statute, and did not exceed the amount of plants that are authorized, would you still pursue the prosecution ?” <Superior Court Judge Robert D.> Krause asked Special Assistant Attorney General Michael McCarthy at the May 4 hearing.
“With all due respect, your honor, I would,” McCarthy said.
<...>
Krause continued, “If you meet the requirements, if you have possession of plants that are within the legal limit under this marijuana act, and if you have a firearm at home, and you’re not a convicted felon, both of these are legal, yes?”
“Yes,” McCarthy said.
“But, nonetheless, you claim it’s criminal conduct.” Krause said.
Smells to me like the prosecution refuses to let go of the "drug warrior" mentality and wanted to nail Derobbio on
something, and in the process, they overreached badly. The notion that growing marijuana (which Derobbio, by all accounts wasn't even doing himself) or conspiring to distribute it are "crimes of violence" is so ridiculous as to defy description, and while I'm not familiar with Rhode Island law, I find it exceedingly hard to believe that there is no statutory definition of "crime of violence," and that such a definition will not encompass cultivating or selling marijuana.
I'm mostly disappointed that Judge Krause didn't respond to McCarthy's "with all due respect" with "don't piss down my back and tell me it's raining" and have him thrown in the slammer for contempt of court.
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