"Landmark" Medical Marijuana Dispensary Ruling May Hurt Feds
Category: Dispensaries | Posted on Fri, October, 26th 2012 by THCFinder
A court ruling in San Diego could hinder the federal Justice Department's war on California's legal cannabis industry.
In what cannabis advocates called a "landmark ruling," an appeals court in San Diego tossed out a dispensary operator's drug-dealing conviction. Jovan Jackson was found guilty of marijuana sales only after a judge refused to allow him to use state medical marijuana law as a defense, a tact pursued by Attorney General Kamala Harris' office.
But Harris lost, and Jackson won, on Wednesday when the court ruled that he should have been allowed to use state law in his defense -- a novel concept -- and that he was legal despite his large collective where not every member participated in the growing of cannabis, according to Americans for Safe Access, which argued Jackson's case.
Jackson will be retried in San Diego, where District Attorney Bonnie Dumais has been a helpful hand in the quest to quash all legal weed. But he'll get a defense -- and one that might be useful for the state's largest medical marijuana dispensary's looming battle in federal court.
Harborside Health Center, the largest cannabis collective in California -- and by extension, the nation, the world, the universe, etc. -- will appear in court on Nov. 1, when United States Attorney Melinda Haag will ask a judge to forfeit the dispensary's Oakland property to the government. Among Harborside's sins are its size, according to Haag. The fact that the dispensary has 108,000 patients means its somehow violating state law -- although Haag hasn't yet identified specific violations.
Read more: http://blogs.sfweekly.com
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