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Landmark Decision Issued In Medical Marijuana Dispensary Case

medical cannabis

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#1 DoobieDuck

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Posted 25 October 2012 - 07:56 AM

ASA news release I received this morning, full text can be found here: http://americansfors...dispensary-case

This is a huge step forward for collective, patients, and the suffering...DD


For Immediate Release: October 24th, 2012

Unanimous Landmark Appellate Decision Issued in San Diego Medical Marijuana Dispensary Case.
Fourth District Court of Appeal rejects requirement that all collective members must be actively involved in cultivation.

San Diego, CA -- The Fourth District Court of Appeal for California issued a unanimous published ruling today in a landmark medical marijuana case that reverses the conviction of a San Diego dispensary operator, Jovan Jackson, convicted in September 2010 after being denied a defense in state court. Today's landmark ruling also reversed the lower court's finding that Jackson was not entitled to a defense, providing the elements for such a defense in future jury trials.

"This landmark decision not only recognizes the right of dispensaries to exist and provide medical marijuana to their patient members, it also grants a defense for those providers in state court," said Joe Elford, Chief Counsel with Americans for Safe Access (ASA), the country's leading medical marijuana advocacy group. Elford also argued Jackson's appeal before the court. "By rejecting the Attorney General's argument that patients who utilize dispensaries must collaborate, or 'come together' in 'some way' to cultivate the marijuana they purchase, the court is establishing a clear standard for dispensaries across the state."

Specifically, today's ruling held that in mounting a defense at trial, "Jackson was only required to produce evidence which would create a reasonable doubt as to whether the defense provided by the [Medical Marijuana Program Act] had been established." The court further held that, "the collective or cooperative association required by the act need not include active participation by all members in the cultivation process but may be limited to financial support by way of marijuana purchases from the organization. Thus, contrary to the trial court's ruling, the large membership of Jackson's collective, very few of whom participated in the actual cultivation process, did not, as a matter of law, prevent Jackson from presenting an MMPA defense."

ASA appealed Jackson's conviction in late 2011 and argued the case just two weeks ago. The case against Jackson became a symbol of the effort by San Diego District Attorney Bonnie Dumanis and other prosecutors across the state to criminalize storefront medical marijuana collectives. However, today's published decision deals a significant blow to that effort. It's unclear whether the Attorney General will appeal today's ruling to the California Supreme Court, but the case may get remanded back to the lower court for proper jury instructions if the district attorney chooses to retry Jackson.

Jackson operated his storefront collective without incident until he was raided by law enforcement in 2008. Jackson was tried for marijuana possession and sales in 2009, but was acquitted by a jury. Dissatisfied with that result, District Attorney Dumanis tried Jackson again on the same charges stemming from a September 2009 law enforcement raid. It was at his second trial that Jackson was denied a defense and ultimately convicted. San Diego Superior Court Judge Howard Shore, who referred to medical marijuana as "dope," and called California's medical marijuana laws "a scam," had sentenced Jackson to 180 days in jail.

Edited by DoobieDuck, 25 October 2012 - 07:57 AM.

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#2 Papaw49

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Posted 25 October 2012 - 06:55 PM

At the same time as the ruling comes down another Raid by the same DA. Some people do not know what the meaning of peoples choice means. Wednesday, October 24 a dozen armed, masked NTF agents stormed Next Generation, a legal medical marijuana collective located onSan Ysidro Blvd. inSan Diego. The raid came just hours after the Court of Appeal for the Fourth Appellate District reversed Jovan Jackson’s conviction. In that case, Jackson was operating a collective in San Diego which was raided by the same NTF team. Following a year long trial, Jackson was acquitted by a jury of his peers. Refusing to accept the jury’s decision, San Diego District Attorney Bonnie Dumanis’ office raided Jackson’s collective a second time and re-filed all the charges. This time Dumanis managed to get the case in front of Judge Shore, a vocal opponent of medical marijuana, who promptly denied Jackson a defense in state court. Without a defense or the ability to rely on state law allowing for collectives and cooperatives, the second jury convicted Jackson. The decision to deny Jackson a defense drew outrage from the community and the attorneys in the case. Americans for Safe Access, the nations leading medical marijuana advocacy group, picked the case up on appeal and has spearheaded the effort to reverse the conviction since. Less than two weeks after oral arguments were heard on Wednesday, shortly before the raid on Next Generation was executed, a unanimous decision was published by the court. The court of appeals reversed Jackson’s conviction and affirmed the legality of dispensaries. The narrow definition espoused by the Dumanis’ office that all patients must somehow be part of growing the actual plant for the dispensary to be legal under state law, was completely thrown out. The raid on Next Generation was clearly a retaliatory attack against the community. Without warning at 2:00pm on Wednesday masked gunmen rushed in with guns drawn, threw patients on the floor, confiscated medicine, the collective’s money, medical records, and anything else they could find of value. Not a single person was arrested at the raid, clearly proving the force used during the raid as excessive and unnecessary. Minutes after the raid started, the San Diego ASA raid response team was on the scene with a bullhorn, protest signs, and a camera. !
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#3 bongbonghi

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Posted 26 October 2012 - 12:53 AM

I hope they go after that witch and charge her with malicious prosecution and wasting taxpayer money.
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#4 teddys head

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Posted 26 October 2012 - 05:32 AM

nothing like going in heavy handed :scream:

sure aint taking it lying down Posted Image Posted Image Posted Image Posted Image


L E A P

thanks DD ,Paw :)
Health and happiness
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#5 DoobieDuck

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Posted 26 October 2012 - 06:14 AM

Candy Maker many thanks for posting your story. Wow..I won't say I can't believe it as it is becoming the Norm now for law enforcement. Let's pray for all those who get caught up in this turmoil. Peace..DD
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#6 Desiderata

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Posted 01 November 2012 - 06:37 PM

I think some of those cops went home with a bit of a moral twinge.
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