The police found ten ounces of marijuana in Will's bedroom after executing a search warrant. Although difficult, Dan Ambrose questioned the prosecution's expert and convinced the jury that the marijuana, even this much, was just for personal use. NOT GUILTY of a felony.

The police executed a search warrant on a home in Ferndale. A confidential informant had bought marijuana from a forty-five year old white male. Unfortunately for Will this man was Dave, his mom's boyfriend who lived with them. The police only found ten grams of marijuana in the possession of Dave. They charged him with possession of marijuana. In Will's bedroom they found a clear zip lock bag with ten ounces of marijuana. Outside of his bedroom in the basement there was a triple beam scale. Will was charged with possession with intent to deliver marijuana, a felony.

The "Costco defense."
Our defense was that this marijuana was for personal use, that he was guilty of a misdemeanor. In order to help the jury understand the quantity discount theory I went to Costco and bought a box of fifty disposable razors, and a bottle of 1000 ibuprofen. I figured these to be roughly a years supply of each.

During the trial the prosecution's expert on drug dealing, a police officer who had attended a class on drug enforcement, testified that it would take a heavy smoker a year to smoke this much marijuana and that it would go bad after six months. It was preposterous to even think that this quantity could be for personal use. During cross examination the "expert" admitted that there statistics may not be reliable because every dope smoker is different and perhaps the smokers surveyed may not have been completely forthright. He also admitted that buying in quantity does save money and is safer being that some dealers are dangerous.

Dave, the boyfriend, testified that he had no knowledge of Will selling marijuana and that in fact Will was a heavy smoker. The prosecutor asked him if there was a lot of smoke coming from the basement. Dave said "well between our other house mate who's a heavy smoker and myself I can't really say, it was like a Cheech and Chong movie." The jury busted out laughing. Will chose not to testify. The jury deliberated for one hour. They convicted Will of simple possession.

Dan Ambrose Crosses The Cop	Police Report