Hello my name is Joseph Malone and I would like to share my story with you as well as ask for Court Support for August 20, 2009.
In late march of 2008 I consulted with a San Diego attorney to discus the laws, policies, and procedures to operating a legal (under state law) medical marijuana dispensary.
On April 2nd 2009 I went to the San Diego board of equalization to apply for a sellers permit (for dispensing mmj to qualified San Diego residents/patients requesting help to obtain mmj).
After filling out my application I was directed to b.o.e. agent Mr. Pagan. Mr. Pagan reviewed my application he stated to me “you will need to call San Diego vice dept. To be sure you are in compliance with state and local laws (regarding dispensaries)." Mr. Pagan called directly to vice dept. From his desk and he listened in as I asked if I would be violating any state or local laws/ordinances. Vice officer stated to me “we are no longer policing mmj there is no longer an mmj task force". After confirming I would not be in violation Mr. Pagan then proceeded to issue a temp sellers permit as well as a temp conditional use permit.
Next Mr. Pagan directed me to follow through with next step which would be applied for business license at San Diego treasury office. Following advice of b.o.e. agent that was same advice I received from attorney I consulted with I went to treasury office and filled out a business tax application.
The business tax application required I list all business activity so zoning can properly review application. I list business activity as " I will be dispensing amounts less than 28 grams of medical marijuana to members requesting my help as a care giver to obtain there medical marijuana or medical marijuana edibles". I paid fees and was issued a temp business license. I questioned agent at treasury office about my application “do I need to contact police dept. Or any other law enforcement offices" I was told "no, my application would be sent for review by zoning and that they would notify me if there were any other issues ". After about 2 weeks I received via us mail my official business license and sellers permit as well as conditional use permit (from b.o.e). On April 20th 2008 ( yes that is 4-20- ) safe California access open its doors to the medical marijuana community of san Diego believing we were complying with both local and state laws regarding mmj dispensaries.
Next (after being told by cdhs directly that they were not issuing applications or accepting them for mmp program) I made e-mail attempts to request help from Mr. Ed plank from the san Diego mayors office both with applications for state id cards for myself and safe ca.access members; and as well to offer safe ca. Access or myself ( as an individual) would be willing to help donate funds or equipment needed to help implement an i.d. card system that would help begin to develop " open honest communication with law enforcement the district attorneys office, and cdhs for developing a stronger evaluation process for mmj patients and to help create a safer environment for all.
Now we jump forward to July 23rd 2008 when a undercover San Diego police officer came to safe ca. Access (after going to another dispensary that he received complaints about, which posted a sign " closed for remodeling go see Joseph at safe ca access) and the officer did just that he came posing as a qualified mmj patient who needed help obtaining some medical marijuana. After calling to verify this officer’s recommendation (that was valid according to dr. receptionist) next the officer filled out a caregiver consent form which designated safe ca. Access as his primary caregiver.
After creating a file to keep the officers info and copies of recommendation and driver license, the officer indicated he would like to obtain some mmj to relief his pain. I then allowed this officer into a secure locked medicine room (members only allowed) he requested one half ounce of medicine I charged the officer $200.00 plus the $15.50 state sales tax =ing $215.50. After helping this officer (whom I believed was requesting my assistance to obtain medicine recommended by his doctor) he went and requested a search warrant and was issued a search warrant by a local judge using words like ( "drug dealer, profit, illegal, and federal law") on august 5th 2008 I was served a search warrant at 3914 Murphy canyon rd. Officers arrested me and charged me with " possession with intent to sell "my trial is set for aug.20,2009
I am currently representing myself in this case. Joseph Malone.
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