Posted: Tue, January 24 2012 at 8:33 AM, Updated: Tue, January 24 2012 at 10:12 AM
Medford- Medical Marijuana cardholder Josh Brewer received a letter Monday he's been waiting years for.
"This letter is to notify you this conviction should be reversed," Brewer said.
Brewer read from the letter he received from Oregon Attorney General John Kroger's office.
"This means my felony convictions will be thrown out," Brewer said.
On September 27th, 2009 Brewer was arrested at his former home on Spring street.
"The next thing I know I've got a gun to my head. They knocked the door down."
Brewer said Medford Police officers entered his home that night, arresting him and confiscating his medical marijuana. Police said he had too much medical marijuana in his possession.
"They tried to get me to plea to something I didn't do," said Brewer.
Since his arrest, Brewer has claimed his medical marijuana supply was several ounces under the legal limit of "useable marijuana." A jury didn't believe him. In June 2010, Brewer was found guilty on two felony charges of manufacturuing and distributing marijuana.
The letter Brewer received Monday from the Oregon Attorney General's office verifies Brewer's initial claim.
It states, "It is undisputed...during a search of the home officers removed 41.9 ounces of 'useable marijuana'...that amount is 6.1 ounces under the legal limit."
"The state concedes that the trial court erroneously denied defendant's motion for a judgement of aquittal," the statement reads.
"The attorney general is basically saying there was never a case to begin with," said Southern Oregon Militia officer Carl Worden.
Worden said SOM put up eighty five hundred dollars toward Brewer's appeal process.
Jackson County District Attorney Mark Huddleston said the letter indicates the Department of Justice has decided Brewer's conviction should be overturned and cannot be retried.
Brewer says he is filing a lawsuit against the City of Medford and each individial Medford Police officer who arrested him.
"When I'm done I want them flipping burgers at Mcdonald's. I mean, that's what they did to me. I can't even get a job at Mcdonald's as a felon."
Brewer says his case is an example of what can happen when authorities are misinformed on medical marijuana laws.