Sunday, January 9, 2011

Stacy Sentenced in Federal Court; Two Years Probation for Operating Medical Marijuana Dispensary

By: Eugene Davidovich

San Diego -- Today at the San Diego Federal Courthouse medical marijuana patients saw a tremendous victory in court. In front of a courtroom filled to the brim with supporters wearing green solidarity ribbons, James Stacy was just sentenced to 2 years probation for operating a medical marijuana dispensary in Vista Ca.

Mr. Stacy’s dispensary Movement in Action was raided in September of 2009 as part of San Diego DA Bonnie Dumanis’ Operation Green Rx raids on over a dozen dispensaries in San Diego.

Just two months ago Stacy was facing a mandatory minimum of 5 years in Federal Prison with the possibility of life. Shortly before his trial was supposed to begin in November of last year, the US Attorney’s office made an offer which included three years probation and no jail time, if Stacy pled guilty to one count of manufacturing marijuana (cultivation).

After careful consideration Stacy signed the deal.

Today Judge Moskowitz heard from the probation department, which recommended that Stacy be incarcerated for thirteen months as well as go to drug rehab.
Both the Judge and US Attorney disagreed with the report and stated multiple times how Mr. Stacy was in clear and unambiguous compliance with state law, and that no jail time was warranted.

Judge Moskowitz took extra time to modify the terms of Stacy’s probation to make them less restrictive and even reduced the original 3 year probation recommendation to 2 years.

The US Attorney’s office agreed and Mr. Stacy walked out of that courtroom today not in custody and to a hallway filled with his supporters and friends.

Watch this San Diego ASA News Brief for James Stacy’s reaction after his sentencing as well as for the complete story:

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