Case Dismissal Against El Dorado County Marijuana Grower Gregory Gilman

by Placerville Newswire / Sep 09, 2017 / comments

[Michelle Spaulding]

Placerville, CA — California’s legalized marijuana laws are finally set to take effect in only 4 months beginning on January 1st, 2018. However, though the legalization tides are changing in California and throughout much of the country, some California counties are digging in their heels with a hard line stance towards enforcement.

Proposition 64 legalizes the recreational use of marijuana, but it also allows individual California counties to determine how to regulate its cultivation and sale. Many counties are currently in the process of studying and drafting zoning, tax and other regulations.

Some counties such as Amador have decided to ban cultivation as well as manufacturing and retail. Other more marijuana-friendly counties, such as perhaps not surprisingly - Humboldt have taken a more lenient stance and approved all three.

One of the California’s stricter counties is El Dorado which continues to target and arrest growers – partially due to the hard line stance of El Dorado County Sheriff, John D’Agostini who recently declared in May at a Board of Supervisors meeting that “he is firmly against any kind of regulation of marijuana in El Dorado County and supports a full ban.”

According to criminal defense attorney Michelle Spaulding of Spaulding Campi Criminal Attorneys, marijuana arrests in El Dorado county are ongoing and are politically motivated.

Ms. Spaulding’s client, Greg Gilman, and his adult son Dalton, are two El Dorado county growers who in 2015 got caught up in this political web. The Gilmans ran what Ms. Spaulding says was a legal home grow which was raided by the El Dorado County Sheriff’s SWAT team in July of 2015.

During the raid, the authorities confiscated 170 marijuana plants, and also collected additional items which they described in a press release as an illegal firearm and various items indicating motorcycle gang affiliation.

According to Ms. Spaulding, the additional evidence was a red herring to distract from the fact that they raided a perfectly legitimate grow.

The problem with the additional evidence, she explains, was that the firearm, which was described as an assault rifle by the authorities, was actually a .22 backpacking rifle - the kind often given to kids for Christmas in rural areas.

Moreover, says Spaulding, not one resident of the house had ever before seen this rifle. "The supposed Hells Angels motorcycle gang shirt sporting a #81 that justified the alleged gang connection was actually a Raider’s football jersey and black and white which aren't even the right colors to be associated with Hells Angels."

Ms. Spaulding is pleased to report that after two years of the Gilman's life being turned upside down, and a lot of hard work by the Spaulding Campi legal team, all charges were dropped in the case.

Ms. Spaulding says the victory will be a big notch in the legal belt for protecting growers and patients from the abuses of overzealous authorities. She feels that the sheriff and the district attorney should never have pursued these charges against the Gilmans. “Gregory Gilman tried hard to comply with the complex regulations, but was instead turned into a scapegoat. He and his family are now vindicated.”

Michelle Spaulding is a Harvard educated attorney who is a partner with Spaulding Campi Criminal Attorneys, a law firm which has offices in Sacramento, Roseville and Woodland. Michelle is a proponent of legalized marijuana and is a member of NORML. Her legal team regularly defends California clients who are charged with sales or cultivation of marijuana.