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Trial begins for manager of pot dispensary (San Diego)

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Blue Dot

http://www.signonsandiego.com/news/2009/nov/21/trial-begins-manager-marijuana-dispensary/

Trial begins for manager of pot dispensary

By Dana Littlefield

Saturday, November 21, 2009 at 1:46 a.m.

SAN DIEGO COURTS — In June of last year, an undercover detective entered a Kearny Mesa office suite looking to buy marijuana from a dispensary that purported to distribute it for medicinal purposes.

He spoke to a man inside the building, handed him $100 and came out with an eighth of an ounce. Mission accomplished.

But prosecutors say that instead of providing a therapeutic service to patients who needed it, the dispensary’s operators — specifically its manager, Jovan Jackson — sold drugs for profit, a violation of California’s medical marijuana law.

Jackson, 31-year-old Navy veteran, is on trial in San Diego Superior Court facing several counts related to the possession and sale of marijuana. He is also accused of possessing the drug ecstasy.

If convicted, Jackson could be sent to prison for more than five years.

His lawyer contends that the dispensary, called Answerdam Alternative Care Collective, operated legally and that the detective used false information to acquire the marijuana. People who came to the collective were required to provide a doctor’s recommendation and sign a membership agreement.

On the first day of trial yesterday, San Diego police Detective Mark Carlson testified that he had received complaints about “a marijuana store” on Convoy Court. Carlson said he conducted surveillance in the area and found a Web site titled Answerdam Rx. The site was registered to Jackson.

Another detective, Scott Henderson, conducted two undercover buys at the Answerdam collective. He testified that he bought $80 worth of marijuana and paid a $20 membership fee on June 12, 2008. He bought about a half-ounce during a second visit on July 24, 2008.

During the first visit, he provided a doctor’s recommendation and signed a membership agreement with a false name.

In August 2008, authorities served a search warrant on the building and found several large and small bags of marijuana, some of which were labeled with prices ranging from $50 to $80, according to the testimony.

In a nearby office, authorities found more than 1,600 forms containing member information, digital scales and receipts for cashier’s checks — one of which was made out for $100,000 — containing Jackson’s name.

Many of the lawyers’ questions yesterday centered on whether the marijuana distributed at Answerdam was “collectively grown” by the group’s members for medical purposes, which is allowed by state law.

“What part did you play in collectively growing that marijuana?” asked Deputy District Attorney Chris Lindberg.

“No role whatsoever,” Henderson said.

But defense lawyer K. Lance Rogers indicated during cross-examination that member fees could be used to aid cultivation. Rogers has said he plans to call San Diego County Deputy District Attorney James Pitts to testify later in the trial. Pitts has said in court that he is a member of the Answerdam collective.

Judge Cynthia Bashant ruled earlier this week that Pitts’ identity could be released to the public, but would not be provided to the jury.

Dana Littlefield: (619) 542-4590; [email protected]
 
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JackTheGrower

Love to see more updates..

Local people often have the best insight.
 

FreedomFGHTR

Active member
Veteran
Yeah they called pitts to trial he did NOT have to reveal his occupation nor employer while on the stand.
 
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Blue Dot

Yeah they called pitts to trial he did NOT have to reveal his occupation nor employer while on the stand.

But wouldn't having to testify that he was a (deputy) D.A lend some credence that even the D.A's office thinks it acceptable to also be a patient at a D?

It will be interesting to see how bonnie handles this after he testifies.

If she fires him he could civilly sue for discrimination against being a med patient. I know ross v ragingwire ruled that companies don't have to accomodate a MMJ patient but I would think that firing someone because of the medicine they choose to use would be a winable civil case.
 

kmk420kali

Freedom Fighter
Veteran
But wouldn't having to testify that he was a (deputy) D.A lend some credence that even the D.A's office thinks it acceptable to also be a patient at a D?

But he just said that he did not have to testify that he was a Deputy DA--
 
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JackTheGrower

But wouldn't having to testify that he was a (deputy) D.A lend some credence that even the D.A's office thinks it acceptable to also be a patient at a D?

It will be interesting to see how Bonnie handles this after he testifies.

If she fires him he could civilly sue for discrimination against being a med patient. I know ross v ragingwire ruled that companies don't have to accommodate a MMJ patient but I would think that firing someone because of the medicine they choose to use would be a winnable civil case.

Guess mode here but would that be only if it gets dropped to a Schedule II Federally?

That was how the ruling went in the California case I think. I hope i remember that right. So Obama if you really want to help change that Schedule I to a Schedule II.
 
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Blue Dot

But he just said that he did not have to testify that he was a Deputy DA--


That was my point.

That was some legaleze BS if you ask me.

if the jury knew he was a D.A AND a patient I'm sure their opinion on the legality of D's would change.

The fact that he didn't have to give his identity is just a way for the prosecution to totally pervert the legal system.

Why not let all the info be known and let the chips fall where they may? That sounds like the fairest thing to do and shouldn't the scales of justice be fair?
 
B

Blue Dot

Guess mode here but would that be only if it gets dropped to a Schedule II Federally?

That was how the ruling went in the California case I think. I hope i remember that right. So Obama if you really want to help change that Schedule I to a Schedule II.


Maybe your correct and I just didn't understand ross v ragingwire enough.

i still think a cali med patient should be able to sue a cali employer for termination due to "med discrimination".

I know it's technically not a "prescription" but still?
 

richyrich

Out of the slime, finally.
Veteran
This is a good case to watch. I believe the D manager will lose because of the current case law standing under People v Hochanadel. That is why they are focusing on specific questions like "what role did you play in the collective." This case will not matter until one party appeals after the trial and we have an appellate decision. Also, the guy royally screwed himself by being caught with X and large cashier check receipts in his name--money laundering. That is going to sway the jury against him. The prosecutors picked this D because of these circumstances because they know they have a good chance of winning. If they had went after another D without these additional questionable acts, the outcome could be up in the air.

This is what I am talking about with rotten apples. If this guy was a rotten apple, now look at what might happen and it is going to be a strike against the MMJ movement for all the true MMJ folks. If the prosecution wins at trial and on appeal, then new case law will be against the MMJ movement. If so, thank the rotten apples. There is a much bigger picture to look at legally in the MMJ movements future. That is why I talk down on greedy rotten apple Ds. The vast majority of them are in it for the money. I don't care if they fill a service void and if they were not then patients would not get their meds. What is going to happen when all the Ds go down. By looking at the future of the present cases and the current things happening in LA, Ds might be going down. Or at least there is going to be much less access. That doesn't help the patients. So, justifying the rotten apples filling a needed void may just be the ones that take it all down, also. All the while they got their pockets fat, their agenda. The patients left in the dark and the laws screwed for us.
 

richyrich

Out of the slime, finally.
Veteran
Many of the lawyers’ questions yesterday centered on whether the marijuana distributed at Answerdam was “collectively grown” by the group’s members for medical purposes, which is allowed by state law.

“What part did you play in collectively growing that marijuana?” asked Deputy District Attorney Chris Lindberg.

No role whatsoever,” Henderson said.

^^^ Fucked up right there. At least be creative with the answer. Talk about shooting your own foot. Once this case goes through appeal, the appellate decision is most likely going to focus on the closed group growing and participation of collectives. This is going to be another case against Ds; like Mentch and Hochanadel. They are honing in with very specific questions and the future opinion will most likely be even more strongly written against Ds. This is San Diego, they know what they are doing, and that focus is taking down Ds. With 3 strong appellate opinions against Ds, they are really going to be done.
 
J

JackTheGrower

Maybe your correct and I just didn't understand ross v ragingwire enough.

i still think a cali med patient should be able to sue a cali employer for termination due to "med discrimination".

I know it's technically not a "prescription" but still?

Back then our forum was heating up.. We have seen a hell-o-lot Ah posts since then in Political forum.

I assume the idea was that since he tests positive "on the job" he is using at work..

Nothing short of actual law protecting us will do.. Does Tax2010 protect us on the job?

Corporations are slowly and steadily moving us towards fascism. There is no other choice for a class of citizens that control a disproportionate amount of wealth in the face of growing poverty for the majority of citizens.
We all see the fuss about "Redistributing the wealth." in our Government officials.

So I am not expert but i believe I'm correct that changing the Schedule from I to II will acknowledge medical use and then it can be protected.
 

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