Legal Marijuana Provider in San Diego Guilty of Selling Pot
By "Radical" Russ Belville
Wait a minute, I thought Dragonfly de la Luz said marijuana is already legal in California under Prop 215?
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.
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.
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I thought that Bonnie Dumanis is a state official who applies state law. If so, obviously 215 would apply. Was this brought in federal court? If so, why would Bonnie Dumanis ignore her sworn oath to uphold California law and enforce a federal law? Don't state officials have to follow state law?
I'm confused about what went on here.
First off, medical marijuana programs are a hoax. There is no such thing as medical marijuana. It is invented by potheads. Medical marijuana is legalized marijuana disguised as medicine. Everyone qualifies for medical marijuana using fake pain and some money. Medical marijuana is voodoo medicine with quack doctors, quack providers and mostly quack patients.
If you want to be taken seriously, FDA must approve marijuana smoke as treatment for any medical condition. Marijuana is illegal under Federal laws for any use. Do this the right way by legalizing marijuana for medicinal purposes at the Federal level.
Even olive oil was approved by the FDA for health purposes. "The Food and Drug Administration (FDA) has approved a qualified health claim linking olive oil to reduced risk of coronary heart disease."
Which you are one of the two or both. Up untill 1998 I did not use cannabis but was on a host of meds from doctors that didnt help and in fact made things magnatudes worse. then I tried cannabis as it was either that or checkout which I was prepairing to do. I did not have to as cannabis saved my life litterally. You sir know not of which you speak and need to educate yourself or shut the H^^^ up.
First of all, this case demonstrates how easy it is for someone with no medical problems to get "medical marijuana". Second, these so called collectives are supposedly nonprofit. That is quite obviously NOT how this street dealer did business.
$520 per ounce? Methinks that shoots hell out of the argument that legalization will bring down prices. Various sources I've seen online puts the street price at $300, which doesn't make $520 sound like a very good deal.
The bottom line, however, is that Federal law preempts state law. Precedent in Federal courts universally bars arguing state laws as a defense. The whole thing is about like children voting that their parents can't serve carrots for dinner. Sorry kiddypoos, you lack the necessary jurisdiction to make the call. If you don't want to do a time out in the corner, you'd better eat your carrots.
The undercover cop had a legal recommendation. The system worked as designed. It put marijuana in the hands of a licensed patient.
Regarding the $520 per ounce, only 5% of the marijuana market is for medical use. Dispensaries are subject to the same black market forces as the other 95%. Eliminate prohibition and you eliminate the black market and prices fall. Prices fall and then so does crime .
Federal law does preempt State law. But he was not charged under federal law. He was charged under State law. Do you understand the difference? Prosecutors completely ignored Proposition 215 and finally found a judge after 6 different cases that ignores the will of the people. This ruling will be thrown out at a significant cost to the taxpayers, but the State lawyers will continue to make a fortune.
RE: "The undercover cop had a legal recommendation"
I assume you mean he had a doctor's recommendation.
RE: "The system worked as designed. It put marijuana in the hands of a licensed patient."
I disagree. The people of CA were chumped into believing that only seriously ill people, with an honest need for pain relief, would have legal access. It was not supposed to be a set up to create a cottage industry in quack medicine.
RE: "Dispensaries are subject to the same black market forces as the other 95%."
Wrong again. The dispensaries are supposed to be set up as nonprofit cooperatives. The patients grow their own dope, for their own personal use, at cost. Unless you're arguing the dispensaries are owned by criminal syndicates, which is probably true in most cases, the black market couldn't have any effect on cost. It wouldn't cost any more to grow marijuana than it does to grow a tomato.
RE: "But he was not charged under federal law."
From the few articles I could find on the case, he was arrested by law enforcement with duel jurisdiction. The judge was correct in ruling Federal precedent applies. Not to mention the guy was also dealing extasy. I find it interesting to note the pro marijuana crowd never seems to mention those kinds of little details. I suppose because it weakens your arguments that marijuana isn't a gateway drug when your favorite dealer is a medicine cabinet for a plethora of street drugs.
RE: "State lawyers will continue to make a fortune."
Get a clue, buddy. State prosecutors are on salary, not commission. It doesn't cost taxpayers a dime extra for them to prosecute criminals, which happens to be their job.
You’re sitting here on your high horse proclaiming gateway theories which have been disproven time and again by science . If you can't get that right how can we believe anything you say? Quite honestly we cannot. Get YOUR facts strait and then come back to the table my friend.
The data I've seen would indicate that some 95% of those who move on to harder drugs start with pot. On the flip side, only 5-10% of pot users move on to harder drugs.
The most glaring defect in studies to date is none of the researchers have apparently given any consideration to a link between marijuana abuse and alcoholism. Also, the majority of studies seem to be focused exclusively on heroin, with no consideration given to a host of other street drugs.
So, tell us a funny story. Tell us you've never used marijuana in combination with alchohol or any other drug.
no I havent. Only an idiot would combine those two and if youd have ever used cannabis or done any research before opening your mouth youd know this moron.
that's why education is important for all involved: dispensaries,patients and prescribers.
http://veterans-for-cannabis.org