FAMILY TO STAND TRIAL ON POT CHARGES

A father and his two sons were ordered Wednesday to stand trial on
charges of growing marijuana.

Wesley Robert Crosiar Sr., 53; Wesley Rudolf Crosiar Jr., 31; and
David Christopher Crosiar, 21; were held to answer on a count of
marijuana cultivation and another count of possession for sale.

Visiting Judge Richard K. Specchio made his decision following the
Crosiars' preliminary hearing in Department 3 of Calaveras County
Superior Court.

The three men are scheduled to be arraigned in Department 1 on Dec. 5,
Deputy District Attorney Seth Matthews said.

The Crosiars were arrested Sept. 28, 2004, during a raid on their
property near San Andreas.

Authorities confiscated 127 mature plants, according to information
from Wednesday's court proceeding, which could have been processed
into 174 pounds of consumable marijuana.

They had doctors permits to grow the plant for medicinal purposes, as
outlined in Proposition 215, but county guidelines allow up to six
growing plants and two pounds of processed marijuana.

During a discussion of evidence before the preliminary hearing
started, Matthews and defense attorney Steven Cilenti discussed just
what amount of marijuana is permissible under state law.

When asked by Specchio if there was any possibility of resolving the
matter without going to trial, Cilenti said there was nothing short of
dismissal of the charges.

The defendants had permits for the marijuana, Cilenti said, adding
there was no sense of having a law setting guidelines if authorities
were not going to abide by it.

Matthews argued that the amount of marijuana far exceeded the
allowable amount, particularly in Calaveras County.

"How can you possibly think 127 plants this big are for personal use
by this many people?" Matthews asked.

Cilenti said the marijuana was for six patients, and state law allows
higher amounts.

A section of the Health and Safety Code does set a limit of six
plants, but also states that may be exceeded upon a doctor's
recommendation.

Cilenti added that the court has previously said it doesn't want to
second-guess doctors in this matter.

"We're not doctors here, but the prosecution may ask the court to
become a doctor," Cilenti said.

"One-hundred, seventy-four pounds is a whole lot of dope," countered
Matthews.

At some point, he said, the limit goes over what's allowable under
Proposition 215 "and we're there."