Woosung man tells judge he has license to grow cannabis, pleads not guilty to criminal charges

OREGON – A Woosung man pleaded not guilty Wednesday to the unlawful possession of cannabis with the intent to deliver, telling the court that he has a medical marijuana card and was growing the plants for his own use.

Joshua T. Anderson, 38, was arrested April 10 after the Ogle County Sheriff’s Office Special Operations Unit executed a search warrant at his home in the 700 block of South Central Street in Woosung.

Police said they seized more than 46 pounds of cannabis with an estimated street value of more than $200,000 after what they described as a lengthy investigation.

Anderson appeared in court Wednesday for a preliminary hearing with his attorney, Aaron Buscemi of Rockford.

After hearing testimony from an Ogle County deputy and Anderson, Judge John Redington ruled that probable cause existed to continue the case through the court system. He set the next status hearing for 1:30 p.m. May 30.

Anderson is charged with unlawful possession with the intent to deliver more than 5,000 grams of cannabis, possession of 20 to 50 cannabis plants, and possession of less than 15 grams of a substance containing the painkiller tramadol.

Deputy John Shippert, a member of the Special Operations Unit for the sheriff’s department, testified that police seized the cannabis and plants during a search of Anderson’s home. He said Anderson was home at the time of the search and was “very worried about his business.”

Shippert said 27 cannabis plants taller than 6 inches were seized during the search.

Under questioning by Ogle County State’s Attorney Mike Rock, Shippert said vacuum bags, a bag sealer and scales also were found, which indicated to him that there was an intent to deliver the cannabis. He said ledgers also were found but not investigated.

Buscemi said Anderson had a valid medical marijuana card and maintains that the cannabis found was for his own personal use.

“If you have a medical marijuana card, you can grow plants,” Buscemi said.

“Yes,” Shippert said.

“You don’t know exactly how much each of these plants will produce. He could have been growing and storing for many years,” Buscemi said. “He didn’t say his ‘business’ was growing to sell. He told you it was for his use.”

“Yes,” Shippert said.

Anderson testified that he has had a medical marijuana card for at least eight years, and some of the plants were slated to be destroyed after the strongest ones were selected to complete their growing cycle.

He said the ledgers kept track of his “cannabis-consulting clients.” He said all of the cannabis found was slated for personal use.

Buscemi asked Redington to examine state statutes outlining guidelines for having cannabis and growing cannabis plants for personal use.

Wednesday was Anderson’s third court appearance since the charges were filed. On April 11, Anderson appeared before Judge John “Ben” Roe for a pretrial detention hearing.

During detention hearings, a judge determines whether to release a defendant from custody as the case proceeds through the court system. Criteria used by judges to make that decision include the nature of the alleged offenses, whether the defendant’s release would pose a “clear and present danger” to the community or certain individuals, and whether the defendant is considered to be a “flight risk” and likely will not appear again for scheduled court cases.

At the April 11 hearing, Rock argued that the charges against Anderson were detainable and that he should not be released from custody.

Buscemi said conditions could be set by the court to allow his client to be released.

Roe agreed to release Anderson with the additional conditions that he be placed on home detention and be subject to GPS monitoring and random drug and alcohol testing. He also ordered Anderson to refrain from the use of illegal drugs and alcohol.

Redington continued those conditions Wednesday despite Buscemi’s request that the GPS monitoring device be removed.

The possession with the intent to deliver charge is a Class X felony punishable by six to 30 years in the Illinois Department of Corrections and a maximum fine of $200,000.

The possession of the plants is a Class 3 felony punishable by two to five years in prison with a maximum fine of $25,000, while the controlled substance charge is a Class 2 felony that carries a one- to three-year sentence with a $25,000 fine.