Pot grower convicted 2nd time around
Published 6:00 pm Tuesday, November 14, 2017
- Robert Musick
A marijuana grower whose September trial in Athens ended in a hung jury has been convicted on two drug charges.
Robert Michael Musick, 40, of Athens, was convicted Tuesday afternoon of trafficking marijuana and use/possession of drug paraphernalia, records show.
His trial began Monday and ended Tuesday afternoon when the 12-member jury received the case. Jurors deliberated about two and a half hours before returning with a unanimous verdict, said Limestone County District Attorney Brian Jones.
“We would like to thank the jury for their attention and hard work in this case,” Jones said.
Circuit Judge Robert Baker will sentence Musick at a later date. He is facing a minimum of three years in prison and a $25,000 fine on the trafficking conviction.
Musick’s first trial on the charges ended in a mistrial Sept. 21 because one juror could not reach a guilty verdict, an official said. Jones said the lone juror told prosecutors after the trial he did not believe marijuana should be illegal. Musick’s attorney, Sherry Phillips, had told The News Courier she considered the mistrial jury nullification of a law they believe is unjust.
Musick was charged in August 2015 with one count of first-degree possession of marijuana and one count of unlawful possession of drug paraphernalia. Athens police had found more than seven adult marijuana plants, ranging in height from 3 to 10 feet, growing in his yard, along with four clones and numerous piles of leaves, stems and finished product, records show.
According to the complaint, investigators also found marijuana-related magazines, marijuana growing books, six marijuana pipes with marijuana residue inside, three large marijuana water bongs with residue, two marijuana grinders with debris, two digital scales with residue, two glass jars of marijuana seeds, a jar of psilocybin (hallucinogenic) mushrooms, straws police believe were used for snorting and a marijuana cigarette holder.
When the Limestone County District Attorney’s Office presented the possession case to a grand jury in April 2016, it sought to upgrade Musick’s charge to trafficking, records show. After hearing the case, the grand jury indicted Musick on trafficking.