ST. JOHNS COUNTY, Fla. – A couple who pleaded guilty to drug charges in St. Johns County have filed a federal lawsuit, claiming they were misled by a local company, which told them growing marijuana was perfectly legal.
In December, Scott and Marsha Yandell were charged with possession with intent to manufacture and sell and possession of drug paraphernalia and sentenced to three years of probation.
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The Yandells were arrested after SWAT teams raided the St. Johns County where they living in February 2015, finding dozens of cannabis plants, growing supplies and hash oil inside the rental property.
The couple now live in Oregon -- a state where marijuana is legal. But the raid on their rental home and the legal battles that followed caused them to "suffer catastrophic damages" and they are now "broke, convicted felons," according to the filing.
"They're still on probation. They're trying to rebuild their lives," said their attorney Andrew Bonderud.
Bonderud told News4Jax Friday that his clients were tricked, and the lawyers and doctors that they were working with told them that medical marijuana was legal in the state of Florida.
"Ian Christianson has credentials from the Florida Bar. He's a licensed attorney. He's an expert in the law. He endorsed Chris Ralph as well, implied that he is a licensed attorney and an expert in the marijuana industry," Bonderud said.
Bonderud said the two men, along with a group of doctors also listed in the lawsuit, convinced the Yandells that marijuana was legal in Florida, telling them if they pay a price, they would get an official certificate giving them immunity. He said his clients were deceived.
"It's totally bogus. It's not just malpractice, but it's just a terrible abuse of clients," Bonderud said.
The Yandells filed the federal lawsuit against five people and the businesses they were involved in, accusing them of RICO violations, conspiracy and malpractice.
In 2014, the Yandells said, they found a company called Cannabinoid Therapy Institute based in Duval County.
They met with people there and said they were told growing marijuana for medical use was legal in Florida if they got permission from a doctor.
The Yandells paid hundreds of dollars and got the doctor's approval.
Months later, their home was raided.
A judge also order the Yandells to pay $460 in court costs and $15,000 for the cost of the investigation. They want the defendants named in the lawsuit to pay the costs.
A trial date in the case will likely be set by a judge next month and the trial could take place next year.