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Suspect claims doctor prescribed marijuana

Menlo Park police say they saw smoke pouring out of his parked car

A man charged with selling marijuana bought three more months before he'll have to face the jury.

Menlo Park police arrested Thomas Marshall Stine, 35, after reportedly seeing marijuana smoke pouring out the windows of his parked car, according to the district attorney's office.

A search found a half pound of marijuana, a scale, and baggies, police said, and Mr. Stine, who was wearing a bulletproof vest, allegedly had an expired medical marijuana card.

On Jan. 11, the day the trial was initially supposed to start, the defense attorney told San Mateo Superior Court Judge Stephen Hall that a doctor had prescribed marijuana for his client in 2004.

The prosecutor discovered the doctor had lost his medical license five years later, and demanded the defense provide a chain of custody for the last-minute evidence.

Over the prosecutor's protests, Judge Hall granted a defense request to postpone the trial, which is now set for April 18. Mr. Stine remains free on $15,000 bail.

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