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During closing arguments in the trial Reynolds stated that their was no indication that Mr. and Mrs. Malik sold the plants. “They have an income, they came here to live this way, they were people that wanted to move back to the land,” he said. “They raised their flowers, they raised their plants, and they raised the chickens... there can be absolutely no presumption based on the numbers.”
Luke stated that in spite of the conflicting numbers, the Maliks’ own testimony convicted Mr. Malik guilty as charged.
Luke reminded the judge that only Mr. Malik was charged with “growing marijuana not for HIS own use.” (emphasis added) “He (Mr. Malik) admitted that this crop was intended for use for him AND his wife,” said Luke, “that is, for somebody other than himself”
Judge Herman stated in his ruling that the Commonwealth was correct. “The indictment clearly says “not for his own use,’” he stated.
Herman added that the facts of the case were also troubling, noting the extreme quantity of the plants that were discovered. “Even a minimal estimate shows that there could be at least 200 cigarettes per week,” he said. “You’re use speaks for about 5662 cigarettes per week at the most. . .1 can’t say that its only for your use because the evidence doesn’t support that.”
Sentencing for Mr. Malik will be on July 24. The sentence could range from, not less than five years nor more than 30 years and a fine not to exceed $10,000.
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