This medical marijuana user might have to get his head out of the sand before he can bury his stash.
A Sebastopol man who tried to get 7 pounds of marijuana through San Francisco International Airport security earlier this year said he wasn't planning to smoke all of it during a five-day trip to Boston.
The more reasonable plan, according to testimony from 46-year-old Kenneth Gibson during his fifth day of a jury trial Tuesday, was to bury most of the weed in the yard of a home he planned to buy.
Gibson was found guilty Wednesday on charges connected to his Feb. 1 arrest at SFO. He reportedly attempted to bring seven 1-pound sacks of pot — each double-bagged, vacuum-sealed and neatly lined up alongside each other in his luggage — through the X-ray machine at the security area. A security screener flagged the "biological material" and Gibson was detained, according to prosecutors.
Gibson produced a valid medical marijuana card from a Sonoma County doctor and stated the 7 pounds were for personal use.
Prosecutors didn't buy that claim and charged Gibson with possession with intent to sell. They said the brief trip and elaborate packaging raised red flags.
On Tuesday, Gibson testified on his own behalf that he was traveling to Boston in search of property to buy. Once he had purchased the property, he planned to bury all of his medicine.
That answer stumped prosecutors, San Mateo County District Attorney Steve Wagstaffe said.
On cross-examination, Wagstaffe said, Gibson was asked why he would bury the marijuana and whether he had talked to anyone about buying property.
"He did not have good answers," Wagstaffe said.
The district attorney likened the response to that of a child who is "caught with his fingers in the cookie jar and with chocolate on his face."
Massachusetts had legalized medical marijuana for adults just one month before Gibson's arrest, but the commonwealth does not accept prescriptions from other states.