Drug Law

Legal Marijuana Provider in San Diego Guilty of Selling Pot

| by NORML

SAN DIEGO (San Diego 6) – The former manager of a now-defunct medical marijuana dispensary was convicted Tuesday of selling the drug for profit to undercover officers.

Jovan Jackson — himself a medical marijuana patient — was found guilty of three felony counts, including possession for sale of marijuana.

Jackson faces more than six years behind bars at his sentencing Oct. 27, but Deputy District Attorney Chris Lindberg said he wouldn’t expect Jackson to do any time in prison.

After a day of deliberations, a jury found that Jackson twice last year sold marijuana to undercover officers from Answerdam Alternative Care in Kearny Mesa.

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This judge looked an inmate square in the eyes and did something that left the entire courtroom in tears:

If you’re thinking, wait a minute, Jovan Jackson, where have I heard that name before?  Oh, yes, it was a year ago when we were reporting on Jackson being acquitted on similar charges.  In fact, this case involved the same prosecutors, the same investigators, and the same evidence that a jury of twelve peers decided did not rise to the level of criminal activity a year ago.  So what happened differently this time?

A different judge, one who would not allow Jackson to present his medical use of marijuana as a defense in court.  So a jury of twelve peers was forced to evaluate Jackson’s actions as if he were a street-level weed dealer.  Jackson followed Prop 215 and SB 420 to the letter, the police who went undercover for the raids saw legitimate doctors and received lawful recommendations for the medicinal use of cannabis, all of which the first jury agreed meant Jackson was committing no crime.

For those screaming “double jeopardy“, understand that Jackson was not tried twice for the same crime.  He was tried following an undercover police sting that produced suspicion of a crime.  Then he was acquitted.  So then Bonnie Dumanis set up the exact same sting a second time, hoping to roll the dice and get a friendly judge.  She did, to which she celebrated with “high fives and hugs”.

This illustrates perfectly why Californians must pass Prop 19 in November.  Obviously Prop 215 and SB 420 haven’t protected Jovan Jackson.  However, this part of Prop 19 sure would have:

Section 11303: Seizure

(a)     Notwithstanding sections 11470 and 11479 of the Health and Safety Code or any other provision of law, no state or local law enforcement agency or official shall attempt to, threaten to, or in fact seize or destroy any cannabis plant, cannabis seeds or cannabis that is lawfully cultivated, processed, transported, possessed, possessed for sale, sold or used in compliance with this Act or any local government ordinance, law or regulation adopted pursuant to this Act.

Bonnie Dumanis’ little fishing expeditions will be OVER when Prop 19 passes!  No local law enforcement agency or officer can even attempt to seize lawful marijuana, much less go undercover to get a Prop 215 recommendation in order to buy a quarter ounce (for $130?!?) to set up a dispensary owner.