A local marijuana grower took a plea agreement just as his trial was set to begin Wednesday.
William Larry Hess, 44, of Safford agreed to a stipulated term of 3.5 years in prison on charges of production of marijuana over four pounds and possession of drug paraphernalia, according to Graham County special prosecutor Matt Clifford. Clifford also serves as the city prosecutor for Safford and the town prosecutor/attorney for Thatcher.
In addition to his prison sentence, Hess will be required to serve three years on probation once he is released due to a separate charge of possession of a dangerous drug.
The jury was seated for about two hours as the plea deal was hammered out. In the end, Hess agreed to plead guilty, and Gila County Superior Court Judge Peter J. Cahill deferred accepting the plea until sentencing, which is scheduled for Sept. 12 at 4 p.m. The judge allowed Hess to give an oral guilty plea and did not require an official signed plea agreement document. A couple of reasons for doing so was so the jury could be dismissed and to give the court time to compile a pre-sentence report. An official document will be signed at Hess' sentencing.
Hess, who has a medical marijuana card, maintained that he was growing the crop for medicinal uses for himself and others. At the time of the task force raid on his residence July 12, 2011, Hess was not in possession of a medical marijuana card. Additionally, the task force, made up of officers from the Arizona Department of Public Safety, the Graham County Sheriff's Office and the Safford Police Department, confiscated 51 plants from Hess' residence. The crop was estimated to be worth about $150,000, using the San Diego County Sheriff's Department standard estimated value of $3,000 per plant.
Medical marijuana patients who live more than 25 miles from a state-approved dispensary are allowed to grow up to 12 plants at a time, and caregivers are allowed to grow for up to five patients. That means caregivers are allowed to cultivate up to 72 plants. However, patients are only allowed to possess up to 2.5 ounces of usable cannabis every two weeks, and caregivers can have up to 15 ounces if they have five patients. Since no dispensaries have been approved, patients with a medical marijuana card are only eligible to grow their own.
Patients and caregivers who grow their own medication must do so in a secure facility. Outside cultivation must be enclosed by a 10-foot-high concrete wall and include a metal gate. Inside cultivation, however, only requires the cannabis be grown in a locked room or closet. Hess' designation on his medical marijuana card did not list him as a certified caregiver, nor was his grown in accordance with the regulations.
