SAN DIEGO - Wednesday, June 23, 2010, at 9am the San Diego County Board of Supervisors will meet to discuss and vote on a proposed ordinance regulating medical marijuana facilities in the unincorporated areas of San Diego County.
The proposed ordinance severely limits patients’ access to medical marijuana in the unincorporated areas of San Diego County. Certain provisions in the proposed regulatory ordinance would not only seriously violate patient confidentiality in these facilities, but also would effectively ban all dispensaries in the unincorporated areas of the county.
Showing posts with label Bonnie Dumanis Reelection. Show all posts
Showing posts with label Bonnie Dumanis Reelection. Show all posts
Tuesday, June 22, 2010
Saturday, May 1, 2010
San Diego Man Getting His Weed Back From The Cops
By Steve Elliot, Toke of the Town
A judge Friday morning ordered the San Diego Police Department to return all property seized from medical marijuana patient and provider Eugene Davidovich, including the dried marijuana and concentrated cannabis seized more than a year ago, in February 2009.
A judge Friday morning ordered the San Diego Police Department to return all property seized from medical marijuana patient and provider Eugene Davidovich, including the dried marijuana and concentrated cannabis seized more than a year ago, in February 2009.
"Although I don't agree with this, I have no choice but to return the property of Mr. Davidovich," said Judge David Szumowski.
"After receiving a refusal from the District Attorney's office to comply with our letter of demand for the return of all my property, today we were forced to spend more of our resources as well as the taxpayers' resources on frivolous litigation caused by San Diego District Attorney Bonnie Dumanis's bias and hate towards medical marijuana," Davidovich said.
"Will Ms. Dumanis ever stop going after medical marijuana patients and begin respecting state law?" Davidovich asked.
Davidovich, the former defendant in a San Diego medical marijuana trial, said the office of the District Attorney was wrongfully holding his belongings, despite his acquittal by a jury.
Eugene became a spokesman for local medical marijuana patients when his home was raided and four charges brought against him. According to Davidovich, the reason he had to go back to court to get his belongings is likely political.
Davidovich was one of 37 people charged with criminal offenses during Operation Endless Summer in 2008. He was unanimously founded not guilty by a jury on March 25.
Attorney Michael McCabe had already contacted Deputy District Attorney Theresa Pham at least five times to obtain Davidovich's belongings, to no avail. McCabe was eventually forced to send a letter (PDF) to Pham on April 7 with the formal request.
"Since Mr. Davidovich was acquitted of all charges by the jury's verdict on March 25, 2010, your office has no legitimate reason to continue to maintain possession of these items," McCabe wrote in his letter. "Thus, under the express power conferred upon the Court by Penal Code 15365, these items must be returned to Mr. Davidovich."
The letter said that the D.A. is required, under California law, to return "34.1 grams of marijuana contained within 11 separate plastic bags, as well as 14.59 grams of concentrated cannabis (hashish) contained within three plastic bags."
According to Davidovich, the D.A. will also be required to return his backpack, passport, scale and papers, and other non-drug items.
Davidovich said that when he initially called D.A. Dumanis's office to request the return of his property, a staff person accused him of being a "stoner."
The D.A.'s office denies this accusation.
Thursday, April 15, 2010
James Stacy Federal San Diego Medical MarijuanaTrial Update
Last year an undercover detective came in to the collective pretending to be a legitimate patient. The detective presented a current and authentic medical marijuana letter of recommendation as well as a CA drivers license. After completing all the required membership agreements and going through the member screening process, he joined the collective and purchased a small amount of medicine.
According to the police reports, while in the collective, the detective asked whether he could contribute to the effort in other ways besides financially reimbursing the collective for the medicine. James explained to him that he could work at the collective, help out, and contribute in other ways.
In a recent San Diego City Beat Article, Dave Maas wrote that “Stacy says he did the due diligence: He researched the prosecutorial policies articulated by Holder, hired a lawyer to walk him through the process and corresponded with the California Secretary of State’s (SOS) office on how to file for “public benefit” status, the technical term for a California nonprofit. The SOS even provided him with a copy of the state Attorney General’s guidelines for running a collective. Unlike many of the other collectives where the San Diego Regional Narcotics Task Force ran stings, Stacy opted for a low-profile model because, he says, “I didn’t want people who didn’t need to know to have it in their face.”
Less than 2 months later on 9/9/9, the San Diego NTF, raided James’ collective, arrested him, and charged him with sales, cultivation, and manufacturing of cannabis, during the raid, at the collective the NTF detectives found a registered firearm and have charged James with possession of the firearm in connection with running an “illegal operation”.
The collective was operating in full compliance with state law, and the US Attorney office has suggested that they agree with that fact. Kasha Kastillo the federal public defender representing James in this case, has filed numerous motions attempting to get the case dismissed or at the least sent to state court, with no prevail.
Although James suffers from daily chronic pain, he has complied with all requirements of his federal indictment including not using medical cannabis, which has taken a negative toll on his life. In a recent hearing James’ attorney asked the court to allow James to medicate. San Diego ASA was at the hearing to hear the prosecution's demand that as a result of this request James be drug tested weekly.
The Judge explained to both sides that he could not give authorization for James to medicate as this was Federal Court and marijuana was still considered an illegal substance but at the same time refused to implement the drug testing requirements.
James next hearing is April 21, 2010 at 3:00pm in Courtroom 15. Come out to the San Diego Federal Courthouse at 940 Front St. San Diego CA, 92101 to support James Stacy in court.
This hearing is critical to the case as it is when the Judge will decide whether to allow James to use his medical marijuana defense at trial.
James Stacy’s trial is currently scheduled to begin on April 26, 2010 in San Diego Federal Court, 940 Front St San Diego CA 92101. Today James told San Diego ASA that his attorney tells him the trial might be postponed till August. We will continue to keep a close eye on James’ case and update the community if the dates change.
How you can help James Stacy Today:
1. Help HR 3939 Pass! This is new Federal Legislation known as the “Truth in Trials” act, which would allow Federal defendants to present the medical marijuana defense in federal court. One in four Americans now lives in a state with laws governing medical marijuana. Unfortunately, law-abiding citizens can still be prosecuted on federal marijuana-related charges as Mr. Stacy is being prosecuted in San Diego. Even with the Obama Administration’s new guidelines, federal prosecutors can still block defendants from showing that they were in compliance with state law.
The “Truth in Trials” Act, H.R. 3939, would end this injustice by ensuring that federal defendants could present evidence showing that they were following state law. Introduced by US Representative Sam Farr, this important legislation would give law-abiding citizens the ability to defend themselves in federal court. Urge your Member of Congress to cosponsor "Truth in Trials" today by completing and submitting the following online form CLICK HERE TO URGE CONGRESS TO PASS HR 3939
2. Send James an email of support letting him know that the community is behind him 100% in this difficult time, that we will be there in court to support him throughout the trial, that his fight is our fight and that we admire, appreciate, and support James standing up for our rights against this injustice! James can be reached at movementinaction@gmail.com
3. Donate to James, to help him and his family get through this nightmare. Visit his website and click on the DONATE link! http://movementinaction.org/donte/
To find out more about James’ case please visit www.movementinaction.org
Eugene Davidovich
San Diego Americans for Safe Access
www.SafeAccessSD.org
Get Involved, get active, make a difference!
Join ASA - www.safeaccessnow.org
Wednesday, April 14, 2010
San Diego ASA Meeting Update
By: Eugene Davidovich, 4/14/2010
SAN DIEGO – On April 13th the San Diego Chapter of Americans for Safe Access held their monthly meeting at the Pt. Loma Public Library. The location was great! A state of the art conference room that fits over 120 people, with comfy modern chairs, and perfect lighting. The problem was getting into the actual room on time.
Although the meeting was supposed to start at 6:00pm, when we got to the location, we were told that another group was still using the room and might be running a little late. When we inquired further, we found out it was the Citizens Review Board, a police oversight committee that was meeting in the room.
Closer to 6pm, as there was already a small crowd gathered in the Library lobby outside the Community Room where out meeting was to be held, a gentleman dressed in civilian clothes, wearing a badge and a gun came out of the room and explained that they were running late and were in the middle of discussing a very important case. He and another lady from the group profusely apologized for the delay they were causing us. At 6:30 we were finally able to get into the room.
With the help of pretty much everyone who came, we rearranged all the chairs and desks in the room in a matter of minutes to accommodate our meeting and kicked the meeting off!
We began with a brief discussion of the National ASA News Letter. After the newsletter discussion we cut the cake, provided courtesy of Rich and Carol in celebration of the recent victory in my case (People v Davidovich).
We went on to discuss AB 2650 and the bill’s defeat at the California Assembly Committee on Public Health. This was a bill that would have effectively banned medical marijuana dispensaries in California requiring buffer zones between collective and a laundry list of “sensitive uses” such as churches, schools, youth center, etc. The bill did not pass the committee in part thanks to the lobbying efforts of Don Duncan from Americans for Safe Access.
Following the newsletter discussion and AB 2650, Lance Rogers, Attorney at Law, and council for Jovan Jackson, a medical marijuana patient recently acquitted of all charges by a jury of 12 peers, spoke about recent Code Compliance visits to collectives and patients’ homes. He mentioned there has been reports of both collective facilities as well as personal homes of patients, being targeted for Code Compliance visits and inspections. Mr. Rogers suggested that without a subpoena, court order, or search warrant, these inspectors did not have to be allowed in and urged that any such visits be handled very carefully and preferably in the presence of an attorney. Mr. Rogers can be reached at 619-232-2311
The next speaker was Stephen Whitburn, an active member of the San Diego (City) Medical Marijuana Task Force and former candidate for San Diego City Council. Mr. Whitburn provided an update on the work the task force has done in the last few months as well as the recommendations they provided to the San Diego City Council. All the Task Force meeting notes, agedas, and recommendations are available on the Task Force’s website: http://www.sandiego.gov/medicalmarijuana/meetings/
Mr. Whitburn also shared with us the recent start of his campaign for San Diego County Board of Supervisors, District 4. He explained his views on the issues that need to be addressed in San Diego County and that the County should be governed with transparency, debate, and the involvement of the community, all of which are currently lacking or missing with the Board of Supervisors.
Mr. Whitburn’s positions and campaign details can be found at his website: http://www.stephenwhitburn.com/
Following Mr. Whitburn, we heard from Dan Murphy, a patient, advocate, and Americans for Safe Access member who came up and shared his views on the movement and urged people to stand up, get involved, and be counted.
The proposed San Diego County Ordinance and the community’s response was the next topic of discussion. We went over in detail the points which are illegal and unnecessary in the ordinance that were taken from the ASA, ACLU, and DPA reactions to the proposed ordinance:
• Police Department / Sheriff should not regulate collectives.
• Unreasonable buffer zones are not necessary.
• Patient Privacy Must Be protected.
• Ban on cannabis infused foods (edibles)
• Narrows and changes definition of qualified patient
Finally, we heard from Attorney at Law Bahar Ansari, who discussed the Jury instruction used in my case (People v. Davidovich) as well as a few highlights from the trial. Ms. Ansari can be contacted at: 619-787-0604
Here are some events coming up in the next couple week:
• 4/16 – North County ASA Meeting
- 950 E. Vista Way Ste. A2 - Vista, Ca 92084
• 4/19 - DAY OF ACTION
- 9:30am Joseph Nunes Sentencing – Federal Courthouse 940 Front St.
- 12-2pm – Protest against DEA Raids – Federal Courthouse 940 Front St.
• 4/20 - ExtravaGanja MMJ Comedy Show
- La Jolla Comedy Store – 916 Pearl St 92037
- $10 tickets, 21+, 2 drink min.
• 4/26 – James Stacy Federal Medical Marijuana Trial
- 9:00am 940 Front St.
Thank you to everyone for coming to the meeting and for being patient. Next Month San Diego ASA meeting will be held on May 11, location to be announced soon!
San Diego Americans for Safe Accesswww.SafeAccessSD.org
Get Involved, get active, make a difference!
Join ASA - www.safeaccessnow.org
SAN DIEGO – On April 13th the San Diego Chapter of Americans for Safe Access held their monthly meeting at the Pt. Loma Public Library. The location was great! A state of the art conference room that fits over 120 people, with comfy modern chairs, and perfect lighting. The problem was getting into the actual room on time.
Although the meeting was supposed to start at 6:00pm, when we got to the location, we were told that another group was still using the room and might be running a little late. When we inquired further, we found out it was the Citizens Review Board, a police oversight committee that was meeting in the room.
Closer to 6pm, as there was already a small crowd gathered in the Library lobby outside the Community Room where out meeting was to be held, a gentleman dressed in civilian clothes, wearing a badge and a gun came out of the room and explained that they were running late and were in the middle of discussing a very important case. He and another lady from the group profusely apologized for the delay they were causing us. At 6:30 we were finally able to get into the room.
With the help of pretty much everyone who came, we rearranged all the chairs and desks in the room in a matter of minutes to accommodate our meeting and kicked the meeting off!
We began with a brief discussion of the National ASA News Letter. After the newsletter discussion we cut the cake, provided courtesy of Rich and Carol in celebration of the recent victory in my case (People v Davidovich).
We went on to discuss AB 2650 and the bill’s defeat at the California Assembly Committee on Public Health. This was a bill that would have effectively banned medical marijuana dispensaries in California requiring buffer zones between collective and a laundry list of “sensitive uses” such as churches, schools, youth center, etc. The bill did not pass the committee in part thanks to the lobbying efforts of Don Duncan from Americans for Safe Access.
Following the newsletter discussion and AB 2650, Lance Rogers, Attorney at Law, and council for Jovan Jackson, a medical marijuana patient recently acquitted of all charges by a jury of 12 peers, spoke about recent Code Compliance visits to collectives and patients’ homes. He mentioned there has been reports of both collective facilities as well as personal homes of patients, being targeted for Code Compliance visits and inspections. Mr. Rogers suggested that without a subpoena, court order, or search warrant, these inspectors did not have to be allowed in and urged that any such visits be handled very carefully and preferably in the presence of an attorney. Mr. Rogers can be reached at 619-232-2311
The next speaker was Stephen Whitburn, an active member of the San Diego (City) Medical Marijuana Task Force and former candidate for San Diego City Council. Mr. Whitburn provided an update on the work the task force has done in the last few months as well as the recommendations they provided to the San Diego City Council. All the Task Force meeting notes, agedas, and recommendations are available on the Task Force’s website: http://www.sandiego.gov/medicalmarijuana/meetings/
Mr. Whitburn also shared with us the recent start of his campaign for San Diego County Board of Supervisors, District 4. He explained his views on the issues that need to be addressed in San Diego County and that the County should be governed with transparency, debate, and the involvement of the community, all of which are currently lacking or missing with the Board of Supervisors.
Mr. Whitburn’s positions and campaign details can be found at his website: http://www.stephenwhitburn.com/
Following Mr. Whitburn, we heard from Dan Murphy, a patient, advocate, and Americans for Safe Access member who came up and shared his views on the movement and urged people to stand up, get involved, and be counted.
The proposed San Diego County Ordinance and the community’s response was the next topic of discussion. We went over in detail the points which are illegal and unnecessary in the ordinance that were taken from the ASA, ACLU, and DPA reactions to the proposed ordinance:
• Police Department / Sheriff should not regulate collectives.
• Unreasonable buffer zones are not necessary.
• Patient Privacy Must Be protected.
• Ban on cannabis infused foods (edibles)
• Narrows and changes definition of qualified patient
Finally, we heard from Attorney at Law Bahar Ansari, who discussed the Jury instruction used in my case (People v. Davidovich) as well as a few highlights from the trial. Ms. Ansari can be contacted at: 619-787-0604
Here are some events coming up in the next couple week:
• 4/16 – North County ASA Meeting
- 950 E. Vista Way Ste. A2 - Vista, Ca 92084
• 4/19 - DAY OF ACTION
- 9:30am Joseph Nunes Sentencing – Federal Courthouse 940 Front St.
- 12-2pm – Protest against DEA Raids – Federal Courthouse 940 Front St.
• 4/20 - ExtravaGanja MMJ Comedy Show
- La Jolla Comedy Store – 916 Pearl St 92037
- $10 tickets, 21+, 2 drink min.
• 4/26 – James Stacy Federal Medical Marijuana Trial
- 9:00am 940 Front St.
Thank you to everyone for coming to the meeting and for being patient. Next Month San Diego ASA meeting will be held on May 11, location to be announced soon!
San Diego Americans for Safe Accesswww.SafeAccessSD.org
Get Involved, get active, make a difference!
Join ASA - www.safeaccessnow.org
Friday, April 9, 2010
Davidovich: My Medical Marijuana Case Continues Post-Trial
Davidovich: My Medical Marijuana Case Continues Post-Trial
SDNN - 4/9/2010
In a resounding defeat of San Diego District Attorney Bonnie Dumanis, a jury of 12 on March 25 found me not guilty on all counts, after less than four hours of deliberation. The jurors unanimously determined that I acted lawfully and in accordance with state law when it came to all the charges against me; sales, possession, transportation and possession of concentrated cannabis.
They also had a thing or two to say about the D.A.’s investigation and prosecution in this case.
After the verdict was read, two jurors met me outside the courtroom and said, “Eugene, we all believed in you, you are a good man.” Days after the trial, I received an e-mail from another juror in my case, a part of which reads, “This was the most ridiculous thing that I have ever seen! Shame on the SDPD! The reason that we decided in your favor was because the prosecutor just didn’t prove her case (she was so annoying), and the police work on your case was nothing but shoddy. I just want to let you know that I am so sorry that you had to go through this nightmare.”
Read more: http://www.sdnn.com/sandiego/2010-04-09/blog/a-more-perfect-union/davidovich-my-medical-marijuana-case-continues-post-trial#ixzz0ke50VHi1
SDNN - 4/9/2010
In a resounding defeat of San Diego District Attorney Bonnie Dumanis, a jury of 12 on March 25 found me not guilty on all counts, after less than four hours of deliberation. The jurors unanimously determined that I acted lawfully and in accordance with state law when it came to all the charges against me; sales, possession, transportation and possession of concentrated cannabis.
They also had a thing or two to say about the D.A.’s investigation and prosecution in this case.
After the verdict was read, two jurors met me outside the courtroom and said, “Eugene, we all believed in you, you are a good man.” Days after the trial, I received an e-mail from another juror in my case, a part of which reads, “This was the most ridiculous thing that I have ever seen! Shame on the SDPD! The reason that we decided in your favor was because the prosecutor just didn’t prove her case (she was so annoying), and the police work on your case was nothing but shoddy. I just want to let you know that I am so sorry that you had to go through this nightmare.”
Read more: http://www.sdnn.com/sandiego/2010-04-09/blog/a-more-perfect-union/davidovich-my-medical-marijuana-case-continues-post-trial#ixzz0ke50VHi1
Tiffani Kjeldergaard’s “RETURN OF PROPERTY MOTION”
By: Tiffani Kjeldergaard
Medical Marijuana patient and “Pot Farmer” (as the San Diego sheriffs office stated in their press release June 20, 2009), Potrero resident Tiffani Kjeldergaard went to court, April 2, 2010 to request her medical marijuana medicine be returned from San Diego’s District Attorney.
Kjeldergaard was arrested on June 20, 2009 for growing and using her medical marijuana while on probation. During a probation check at her residence, Kjeldergaard was awakened from her Saturday afternoon nap by 7 sheriff officers and 2 probation officers entering the bedroom. She was instantly handcuffed and the home was searched. Officers saw Kjeldergaard’s smoking utensils and some marijuana and a small garden of 7 plants under 2 inches tall. Several clone cuttings were also present but law enforcement does not consider them plants unless they have a root ball.
Kjeldergaard has had her physician Dr. Sterner’s and his verbal and written recommendations dating back to 2005. She has been a patient of his since then and her disease would never decrease in the painful stages, it is aprogressive disease resulting in physical disabilities.
Kjeldergaard was taken to Las Colinas women’s facility in Santee where she remained on a “No Bail Hold” which means her duration was unknown. After several court appearances, a lockdown of Swine Flu that cancelled court dates 30 days, represented by a public defender named Michael Berberich, Kjeldergaard was coerced to plead guilty by her attorney.
San Diego East County court has a strange way of doing things, you are to plead guilty first and they will tell you your consequence after. No knowledge of your fate is given prior to your plea. That seems wrong and illegal.
Mr. Berberich convinced Kjeldergaard to comply. She pled guilty. She was then disclosed that the San Diego probation department was recommending 3 years in a state correctional facility…that meant prison!
Kjeldergaard suffers from several injuries that are horse related, she has an auto immune disease called Rheumatoid arthritis and she has a shoulder replacement that troubles her daily. Kjeldergaard is also on Methotrexate (a chemotherapy drug for the disease) and suffers digestion and appetite issues.
Kjeldergaard suffered in the jail for 132 days. She was not given her Marinol, vicodin and trazadone as prescribed by her physician Dr. Peter Hein of Kaiser- Bostonia, nor was she given her Methotrexate or Plaquenil as prescribed by her physician Dr. Motomedi of Kaiser- Baker Hill. Her health deteriorated in the cold and damp cells and she had pain every minute of every day.
After several weeks of court dates and continuances Kjeldergaard had been spending her time in the law library at the jail. She discovered enough legal support of innocence to provide her attorney Michael Berberich, at that time she requested to withdraw her plea of guilty and requested that the judge be able to review her new findings, and possibly release her dropping all charges. Berberich refused.
Kjeldergaard fired Mr. Michael Berberich and retained James Pasto Esq. He presented the information to the judge yet, the judge ordered Kjeldergaard’s release date is October 29, 2009 as a sentence.
Upon release Kjeldergaard went to all her doctors for continued pain she started having in the jail. Excruciating body aches like she is bruised all over and she loses the use of her arms for periods of time because the pain to lift them is excruciating. Kjeldergaard’s physician Dr. Motomedi is a rheumatologist for Kaiser and she diagnosed Kjeldergaard with Fibromyalgia which is a terribly painful chronic problem that will never go away. Kjeldergaard requested a motion to the San Diego Superior Court for a probation modification that would allow her the use and possession of medical marijuana, pursuant to the People v Tilehkooh case. Kjeldergaard was granted the right to have medical marijuana with the condition that San Diego probation department finds the recommendation valid.
Upon meeting with probation immediately after court, Kjeldergaard was told by her probation officer Jo Lane that the recommendation was not considered valid. Lane explained that if Kjeldergaard has any prescription medication without a prescription, it is illegal. Lane stated that the recommendation was only considered valid if Kjeldergaard had a county MMJ card. Although the card is a voluntary program, Kjeldergaard was forced to have to retain one in order to be able to use her healthiest pain medicine.
Kjeldergaard was suffering and continuously getting sick from only having opiates as a pain relief. She does not like the effects that the opiates have on her thoughts and concentration, her concern that the drugs are causing damage to her kidneys, stomach and liver or enlarging her heart are all valid. Her worries about an increasing need for more and more pills to help her pain and how it would become too much on her low immune system and she’d become very ill and die. Medical Marijuana did for her what all the vicodin could do and without the damage to organs in her body or risks to her life.
Kjeldergaard received her county card and brought it to San Diego probation department and was instructed by Jo Lane the she was now allowed to have her medical marijuana possession and medicate once again. Yet she was legal and within her rights on the day of her arrest. Kjeldergaard requested her bongs, pipes, and marijuana be returned at which point the probation department scheduled a day and handed over her bongs and pipes. Probation said the marijuana was not available to hand over and I would need a court order to get it back from the DEA.
Kjeldergaard has enjoyed her victory of getting her bongs and pipes back. She is still terrified to own or grow any medical marijuana for fear of another arrest. Kjeldergaard stated, “People tell me, Tiff you should grow a big garden and smoke all you want you are legal now you got your card!” I tell them, “Hell I was legal the day they took me away for 4 months! I don’t fricken believe them”
Kjeldergaard’s home and ranch have been raided 3 times since her release and she has not been taken into custody. Kjeldergaard believes, “It is a violation of our 8th Amendment Bill of Rights that myself and other patients are being subjected to “cruel and unusual punishment” in that we are forced to suffer without our medical marijuana. Forced to take opiates, use alcohol, maybe other drugs, that in a not so far off future will kill us or destroy our lives.”
On April 2, 2010, Kjeldergaard return of property motion was granted for all items with the exception of the marijuana. Kjeldergaard received her grow equip, books, medical recommendation, and other Proposition 215 and SB420 papers and guidelines all of which were seized. No plants or dried product was returned. Kjeldergaard’s attorney Mike Dealy is filing a writ, to appeal the return of cannabis plants and dried cannabis.
On another note, Judge Deddeh did not feel comfortable determining if it was a violation of Kjeldergaard’s civil rights when probation added the "Not to use marijuana with or without a recommendation". The Judge supported that it was not lawful just in the fact he would not rule that it was legal.
Kjeldergaard’s attorney was pleased and felt there is enough on the record to be reviewed.
Visit http://www.flyingpaintranch.com/FREE_2_FARM_420_Medical_Marijuana.htm for more information about Tiffany’s case!
Medical Marijuana patient and “Pot Farmer” (as the San Diego sheriffs office stated in their press release June 20, 2009), Potrero resident Tiffani Kjeldergaard went to court, April 2, 2010 to request her medical marijuana medicine be returned from San Diego’s District Attorney.
Kjeldergaard was arrested on June 20, 2009 for growing and using her medical marijuana while on probation. During a probation check at her residence, Kjeldergaard was awakened from her Saturday afternoon nap by 7 sheriff officers and 2 probation officers entering the bedroom. She was instantly handcuffed and the home was searched. Officers saw Kjeldergaard’s smoking utensils and some marijuana and a small garden of 7 plants under 2 inches tall. Several clone cuttings were also present but law enforcement does not consider them plants unless they have a root ball.
Kjeldergaard has had her physician Dr. Sterner’s and his verbal and written recommendations dating back to 2005. She has been a patient of his since then and her disease would never decrease in the painful stages, it is a
Kjeldergaard was taken to Las Colinas women’s facility in Santee where she remained on a “No Bail Hold” which means her duration was unknown. After several court appearances, a lockdown of Swine Flu that cancelled court dates 30 days, represented by a public defender named Michael Berberich, Kjeldergaard was coerced to plead guilty by her attorney.
San Diego East County court has a strange way of doing things, you are to plead guilty first and they will tell you your consequence after. No knowledge of your fate is given prior to your plea. That seems wrong and illegal.
Mr. Berberich convinced Kjeldergaard to comply. She pled guilty. She was then disclosed that the San Diego probation department was recommending 3 years in a state correctional facility…that meant prison!
Kjeldergaard suffers from several injuries that are horse related, she has an auto immune disease called Rheumatoid arthritis and she has a shoulder replacement that troubles her daily. Kjeldergaard is also on Methotrexate (a chemotherapy drug for the disease) and suffers digestion and appetite issues.
Kjeldergaard suffered in the jail for 132 days. She was not given her Marinol, vicodin and trazadone as prescribed by her physician Dr. Peter Hein of Kaiser- Bostonia, nor was she given her Methotrexate or Plaquenil as prescribed by her physician Dr. Motomedi of Kaiser- Baker Hill. Her health deteriorated in the cold and damp cells and she had pain every minute of every day.
After several weeks of court dates and continuances Kjeldergaard had been spending her time in the law library at the jail. She discovered enough legal support of innocence to provide her attorney Michael Berberich, at that time she requested to withdraw her plea of guilty and requested that the judge be able to review her new findings, and possibly release her dropping all charges. Berberich refused.
Kjeldergaard fired Mr. Michael Berberich and retained James Pasto Esq. He presented the information to the judge yet, the judge ordered Kjeldergaard’s release date is October 29, 2009 as a sentence.
Upon release Kjeldergaard went to all her doctors for continued pain she started having in the jail. Excruciating body aches like she is bruised all over and she loses the use of her arms for periods of time because the pain to lift them is excruciating. Kjeldergaard’s physician Dr. Motomedi is a rheumatologist for Kaiser and she diagnosed Kjeldergaard with Fibromyalgia which is a terribly painful chronic problem that will never go away. Kjeldergaard requested a motion to the San Diego Superior Court for a probation modification that would allow her the use and possession of medical marijuana, pursuant to the People v Tilehkooh case. Kjeldergaard was granted the right to have medical marijuana with the condition that San Diego probation department finds the recommendation valid.
Upon meeting with probation immediately after court, Kjeldergaard was told by her probation officer Jo Lane that the recommendation was not considered valid. Lane explained that if Kjeldergaard has any prescription medication without a prescription, it is illegal. Lane stated that the recommendation was only considered valid if Kjeldergaard had a county MMJ card. Although the card is a voluntary program, Kjeldergaard was forced to have to retain one in order to be able to use her healthiest pain medicine.
Kjeldergaard was suffering and continuously getting sick from only having opiates as a pain relief. She does not like the effects that the opiates have on her thoughts and concentration, her concern that the drugs are causing damage to her kidneys, stomach and liver or enlarging her heart are all valid. Her worries about an increasing need for more and more pills to help her pain and how it would become too much on her low immune system and she’d become very ill and die. Medical Marijuana did for her what all the vicodin could do and without the damage to organs in her body or risks to her life.
Kjeldergaard received her county card and brought it to San Diego probation department and was instructed by Jo Lane the she was now allowed to have her medical marijuana possession and medicate once again. Yet she was legal and within her rights on the day of her arrest. Kjeldergaard requested her bongs, pipes, and marijuana be returned at which point the probation department scheduled a day and handed over her bongs and pipes. Probation said the marijuana was not available to hand over and I would need a court order to get it back from the DEA.
Kjeldergaard has enjoyed her victory of getting her bongs and pipes back. She is still terrified to own or grow any medical marijuana for fear of another arrest. Kjeldergaard stated, “People tell me, Tiff you should grow a big garden and smoke all you want you are legal now you got your card!” I tell them, “Hell I was legal the day they took me away for 4 months! I don’t fricken believe them”
Kjeldergaard’s home and ranch have been raided 3 times since her release and she has not been taken into custody. Kjeldergaard believes, “It is a violation of our 8th Amendment Bill of Rights that myself and other patients are being subjected to “cruel and unusual punishment” in that we are forced to suffer without our medical marijuana. Forced to take opiates, use alcohol, maybe other drugs, that in a not so far off future will kill us or destroy our lives.”
On April 2, 2010, Kjeldergaard return of property motion was granted for all items with the exception of the marijuana. Kjeldergaard received her grow equip, books, medical recommendation, and other Proposition 215 and SB420 papers and guidelines all of which were seized. No plants or dried product was returned. Kjeldergaard’s attorney Mike Dealy is filing a writ, to appeal the return of cannabis plants and dried cannabis.
On another note, Judge Deddeh did not feel comfortable determining if it was a violation of Kjeldergaard’s civil rights when probation added the "Not to use marijuana with or without a recommendation". The Judge supported that it was not lawful just in the fact he would not rule that it was legal.
Kjeldergaard’s attorney was pleased and felt there is enough on the record to be reviewed.
Visit http://www.flyingpaintranch.com/FREE_2_FARM_420_Medical_Marijuana.htm for more information about Tiffany’s case!
Sunday, April 4, 2010
Take Action Today! Send San Diego County a Letter RE Proposed MMJ Ordinance
TODAY, we need everyone to email the below letter to all of the following email addresses:
joseph.farace@sdcounty.ca.gov
dplu@sdcounty.ca.gov
Greg.cox@sdcounty.ca.gov
dianne.jacob@sdcounty.ca.gov
Pam.slater@sdcounty.ca.gov
ron-roberts@sdcounty.ca.gov
bill.horn@sdcounty.ca.gov
Although the official Public Input deadline has passed, we still have time to let the Supervisors and those responsible for developing medical marijuana regulations in the county know that the community wants to see a legal, constitutional ordinance, that keeps patients interest at forefront, not local law enforcement.
Write your own letter, use the letter below as a template, or ask a friend to help you write one, but don’t just idly sit by while the County of San Diego attempts to subvert the will of the people. The City of San Diego is on the right track to sensible regulations as they have created a Task Force that has patients and members of the community on it, all of whom have weighed and came up with recommendations for the San Diego City Council.
Why has the County of San Diego refused to adopt their own task force or to follow the recommendations of the San Diego City task force? I believe the answer is, they want to quickly adopt an ordinance which will influence all the other small cities in the county to follow suit which intern may weigh heavily on the Ordinance the City of San Diego is developing. The official excuse is they are trying to hurry in time for the moratorium currently enacted in the unincorporated areas of the county to expire.
We need to stay involved and on top of both the San Diego County regulation development process, as well as the development of such ordinances in every city within the county. Take 10 minutes today to send the below letter to the supervisors. If you have already sent them a letter, send them a follow up to see what they are doing to change the proposed ordinance.
Thanks,
Eugene Davidovich
www.safeaccesssd.org
_______________________________________
April 5, 2010
Eric Gibson
Director, Department of Planning and Land Use
County Administration Center
1600 Pacific Highway, Room 335
San Diego, CA 92101
dplu@sdcounty.ca.gov
RE: MEDICAL MARIJUANA COLLECTIVES COUNTY CODE AND ZONING ORDINANCE (POD 09-007), REQUEST TO EXTEND PUBLIC COMMENT PERIOD TO APRIL 30, 2010
To Mr. Gibson:
As a resident of San Diego County, I am writing to request an extension of the 30-day public comment period regarding the Department of Planning and Land Use’s Medical Marijuana Collectives County Code and Zoning Ordinance (POD 09-007) until April 30, 2010.
Although the plan may have technically been available to the public on March 3, 2010 – the date of the memo – medical marijuana patients and advocates only became aware of it upon being contacted by a North County Times reporter Monday, March 29, 2010.
It is hard to imagine that this very limited level of exposure to the public would satisfy the Department that it had allowed for 30 days of public comment.
Moreover, the Department’s draft ordinance clearly suffers from a lack of input. The excessively strict nature of the ordinance suggests that the county failed to consult with any patients or caregivers at all. Patients would most certainly have pointed out the following concerns:
The ordinance is a de facto ban. A rule that would restrict dispensaries from existing within 1,000 feet from a laundry list of so-called “sensitive uses,” including any residence, makes this ordinance a de facto ban. This would relegate facilities to remote, outlying areas, making it difficult for patients to access their medicine, especially those with mobility issues.
The ordinance puts the wrong agency in charge. The licensing authority should not be the Sheriff's Department, but the County Department of Health or other more appropriate agency.
The ordinance fails to protect patient privacy. Draft provisions would allow the Sheriff’s Department unfettered access (without subpoena) to private patient records, financial transaction records, and records indicating the source of supply of medical marijuana. Such provisions place both patients and providers at risk of unnecessary local and, more significantly, federal interference.
The ordinance unnecessarily restricts patient choice. Many patients have trouble smoking marijuana or simply prefer not to smoke it. The restriction against edible forms of marijuana is unnecessary. It directly conflicts with patient needs without any demonstrable benefit to the community.
The ordinance discriminates against people with a prior conviction. A past felony conviction does not prevent illness, nor should it be a barrier to medical care – or be used to restrict a person’s lawful, collective participation with other medical marijuana patients. This is not least because many patients have a past conviction for activity that has been deemed lawful since 1996 under the Compassionate Use Act.
Only clear regulations developed with the input of all concerned parties can balance the needs of the whole community – to both ensure safe access to medical marijuana and address public order concerns.
In conclusion, I strongly urge the Department of Planning and Land Use to extend the public comment period on the Medical Marijuana Collectives County Code and Zoning Ordinance (POD 09-007) until April 30, 2010.
Respectfully,
[YOUR NAME
AND ADDRESS]
Cc: Supervisors, San Diego County Board
Greg.cox@sdcounty.ca.gov
dianne.jacob@sdcounty.ca.gov
Pam.slater@sdcounty.ca.gov
ron-roberts@sdcounty.ca.gov
bill.horn@sdcounty.ca.gov
Jonathan Farace
joseph.farace@sdcounty.ca.gov
joseph.farace@sdcounty.ca.gov
dplu@sdcounty.ca.gov
Greg.cox@sdcounty.ca.gov
dianne.jacob@sdcounty.ca.gov
Pam.slater@sdcounty.ca.gov
ron-roberts@sdcounty.ca.gov
bill.horn@sdcounty.ca.gov
Although the official Public Input deadline has passed, we still have time to let the Supervisors and those responsible for developing medical marijuana regulations in the county know that the community wants to see a legal, constitutional ordinance, that keeps patients interest at forefront, not local law enforcement.
Write your own letter, use the letter below as a template, or ask a friend to help you write one, but don’t just idly sit by while the County of San Diego attempts to subvert the will of the people. The City of San Diego is on the right track to sensible regulations as they have created a Task Force that has patients and members of the community on it, all of whom have weighed and came up with recommendations for the San Diego City Council.
Why has the County of San Diego refused to adopt their own task force or to follow the recommendations of the San Diego City task force? I believe the answer is, they want to quickly adopt an ordinance which will influence all the other small cities in the county to follow suit which intern may weigh heavily on the Ordinance the City of San Diego is developing. The official excuse is they are trying to hurry in time for the moratorium currently enacted in the unincorporated areas of the county to expire.
We need to stay involved and on top of both the San Diego County regulation development process, as well as the development of such ordinances in every city within the county. Take 10 minutes today to send the below letter to the supervisors. If you have already sent them a letter, send them a follow up to see what they are doing to change the proposed ordinance.
Thanks,
Eugene Davidovich
www.safeaccesssd.org
_______________________________________
April 5, 2010
Eric Gibson
Director, Department of Planning and Land Use
County Administration Center
1600 Pacific Highway, Room 335
San Diego, CA 92101
dplu@sdcounty.ca.gov
RE: MEDICAL MARIJUANA COLLECTIVES COUNTY CODE AND ZONING ORDINANCE (POD 09-007), REQUEST TO EXTEND PUBLIC COMMENT PERIOD TO APRIL 30, 2010
To Mr. Gibson:
As a resident of San Diego County, I am writing to request an extension of the 30-day public comment period regarding the Department of Planning and Land Use’s Medical Marijuana Collectives County Code and Zoning Ordinance (POD 09-007) until April 30, 2010.
Although the plan may have technically been available to the public on March 3, 2010 – the date of the memo – medical marijuana patients and advocates only became aware of it upon being contacted by a North County Times reporter Monday, March 29, 2010.
It is hard to imagine that this very limited level of exposure to the public would satisfy the Department that it had allowed for 30 days of public comment.
Moreover, the Department’s draft ordinance clearly suffers from a lack of input. The excessively strict nature of the ordinance suggests that the county failed to consult with any patients or caregivers at all. Patients would most certainly have pointed out the following concerns:
The ordinance is a de facto ban. A rule that would restrict dispensaries from existing within 1,000 feet from a laundry list of so-called “sensitive uses,” including any residence, makes this ordinance a de facto ban. This would relegate facilities to remote, outlying areas, making it difficult for patients to access their medicine, especially those with mobility issues.
The ordinance puts the wrong agency in charge. The licensing authority should not be the Sheriff's Department, but the County Department of Health or other more appropriate agency.
The ordinance fails to protect patient privacy. Draft provisions would allow the Sheriff’s Department unfettered access (without subpoena) to private patient records, financial transaction records, and records indicating the source of supply of medical marijuana. Such provisions place both patients and providers at risk of unnecessary local and, more significantly, federal interference.
The ordinance unnecessarily restricts patient choice. Many patients have trouble smoking marijuana or simply prefer not to smoke it. The restriction against edible forms of marijuana is unnecessary. It directly conflicts with patient needs without any demonstrable benefit to the community.
The ordinance discriminates against people with a prior conviction. A past felony conviction does not prevent illness, nor should it be a barrier to medical care – or be used to restrict a person’s lawful, collective participation with other medical marijuana patients. This is not least because many patients have a past conviction for activity that has been deemed lawful since 1996 under the Compassionate Use Act.
Only clear regulations developed with the input of all concerned parties can balance the needs of the whole community – to both ensure safe access to medical marijuana and address public order concerns.
In conclusion, I strongly urge the Department of Planning and Land Use to extend the public comment period on the Medical Marijuana Collectives County Code and Zoning Ordinance (POD 09-007) until April 30, 2010.
Respectfully,
[YOUR NAME
AND ADDRESS]
Cc: Supervisors, San Diego County Board
Greg.cox@sdcounty.ca.gov
dianne.jacob@sdcounty.ca.gov
Pam.slater@sdcounty.ca.gov
ron-roberts@sdcounty.ca.gov
bill.horn@sdcounty.ca.gov
Jonathan Farace
joseph.farace@sdcounty.ca.gov
Monday, March 29, 2010
Americans for Safe Access reaction to SD County Proposed Ordinance
By: Kris Hermes (ASA), Eugene Davidovich (SD ASA)
San Diego County Board of Supervisors issued a proposed ordinance that they would like to see adopted in the County of San Diego. The ordinance is supposed to provide guidelines, regulations, and zoning for medical marijuana dispensing collectives and cooperatives.
This proposed ordinance instead of helping regulate medical marijuana in the county, would work to restrict and eliminate safe reliable access for patients most in need of the medicine their physicians have recommended they use.
Americans for Safe Access has several specific concerns with the proposed ordinance:
1. Most of the recent ordinances adopted in California employ departments of health or other non-law enforcement agencies to administer their local medical marijuana dispensary laws. This is not the case with this ordinance. The licensing authority should not be the Sheriff's Department, and should be replaced by the County Department of Health or other more appropriate agency.
2. One of the main reasons for authorizing departments of health to administer such programs is that it's important to have patient needs respected and to have local laws implemented and enforced with patients needs at the heart of such laws. A perfect example of this is the provisions that allow the sheriff unfettered access (without subpoena) to: private patient records, financial transaction records, and records indicating the source of supply of medical marijuana. Such provisions place both patients and providers at risk of unnecessary local and, more importantly, federal interference. If the feds can subpoena this information (or if it's willingly delivered by local law enforcement), there is risk of arrest and prosecution. Given the track record of the sheriff and other law enforcement agencies in San Diego regarding enforcement of state law, there is every reason to believe that this authority and access to private information will be abused.
3. Another provision in this ordinance would ban edible medical marijuana. Why would the county prohibit the ingestion of medical marijuana edible products for those patients that have trouble smoking it or simply choose to eat their medicine? This is an unnecessary restriction that would otherwise provide patients with alternative methods of ingestion. Edibles are currently permitted and provided to patients at hundreds of dispensaries across the state.
4. Another provision that is unnecessarily problematic is the prohibition on anyone operating a dispensary who has been convicted of a felony. While some localities include provisions prohibiting violent felons from operating a dispensary, there is no need to exclude all persons with felony convictions, especially since many patients have criminal records based on activity that is now lawful, but was deemed illegal prior to the passage of the Compassionate Use Act.
5. Finally and most importantly, is the provision restricting dispensaries from operating within 1,000 feet from a laundry list of so-called "sensitive uses," such as schools, churches, parks, etc. While this seems to be a trend among localities that have adopted dispensary ordinances, it is a very onerous requirement that would relegate facilities to remote, outlying areas, making it difficult for patients to access their medicine, especially those with mobility issues. The restriction on locating within 1,000 feet of a residence is perhaps the most onerous provision of the ordinance, making it a de facto ban. The only other ordinance in the state that restrict the proximity to residences is that of the City of Los Angeles, and it remains to be seen whether ANY dispensaries will be able to relocate in accordance with that ordinance, leading many to call it a de facto ban.
Americans for Safe Access (ASA) as well as the San Diego Chapter of ASA are greatly concerned about this restrictive ordinance. We urge the San Diego County Board of Supervisors to develop a policy which takes into consideration patients’ needs, rather than the desires, fears, and bias of law enforcement.
Please email the San Diego County Board of Supervisors and ask that they revise the ordinance.
KEY DATES:
- Public Review of Proposed Ordinance: March 3, 2010 - April 2, 2010
- San Diego County Planning Commission Vote on Proposed Ordinance: May 14, 2010
- Board of Supervisors vote on Proposed Ordinance: June 23, 2010
--------------------------------------------
San Diego Americans for Safe Access
Get Involved, get active, make a difference!
Join ASA - www.safeaccessnow.org
Saturday, March 20, 2010
JOSEPH NUNES SENTENCING - April 19th - 9:30am – 940 Front St. San Diego CA 92101
Joseph Nunes sentencing has been postponed to April 19th at 9:30 am. Mr. Nunes is a victim of the continued eradication efforts of the San Diego District Attorney and the DEA. He has been charged in Federal court and forced to agree to a plea bargain to avoid years of incarceration for something that is legal under state law. He is one of the founding members of the Kush Lounge and Green Cross collective that was raided during the September 9th 2009 Narcotics Task Force round of raids.
San Diego ASA recently spoke to Mr. Nunes to find out what the current status of his case is, and when the new sentencing date will be. Mr Nunes told us that he has requested some more time to get his personal affairs in order. Mr Nunes is asking the judge for probation and his attorney Mr. Jim Warner is confident that the judge will see through the bias driven persecution and reduce the sentencing guideline of 27-33 months to probation.
The sentencing has been continued to 4/19 at 9:30am in front of Judge Burns. (940 Front St. San Diego CA)
Please mark your calendars and show Joseph your support by coming to court and packing the courtroom and sending a strong message with our presence that we do not support ANY jail time for Joseph.
T: 619-621-8446
San Diego Americans for Safe Access
www.SafeAccessSD.org
Get Involved, get active, make a difference!
Join ASA - www.safeaccessnow.org
San Diego ASA recently spoke to Mr. Nunes to find out what the current status of his case is, and when the new sentencing date will be. Mr Nunes told us that he has requested some more time to get his personal affairs in order. Mr Nunes is asking the judge for probation and his attorney Mr. Jim Warner is confident that the judge will see through the bias driven persecution and reduce the sentencing guideline of 27-33 months to probation.
The sentencing has been continued to 4/19 at 9:30am in front of Judge Burns. (940 Front St. San Diego CA)
Please mark your calendars and show Joseph your support by coming to court and packing the courtroom and sending a strong message with our presence that we do not support ANY jail time for Joseph.
T: 619-621-8446
San Diego Americans for Safe Access
www.SafeAccessSD.org
Get Involved, get active, make a difference!
Join ASA - www.safeaccessnow.org
Friday, March 19, 2010
March 26th National day of protest
WHEN: 12noon – 2pm March, 26 2010
WHERE: 940 Front Street San Diego CA
WHAT: National Day of Protest against NTF and DEA raids on medical marijuana patients and collectives.
In one week we will have the opportunity to tell those who seek to rule over us that we are not happy with the way they are treating us. The raids by the DEA and NTF of San Diego are not acceptable and we want them to stop! There is no reason for the NTF to be cross sworn except to violate state law. We voted to legalize medical marijuana 14 years ago. The DEA refuses to go by science and what the medical profession has said. Here in San Diego we have a Narcotics Task Force that has been cross sworn so they can violate state law as well as give any confiscated medicine to the DEA so they do not have to return it when the victim is found not guilty or not charged.
On March 26th from 12 noon to 2:00pm we will be meeting at 940 Front st to protest the illegal raids by the DEA on medical marijuana as well as the refusal of San Diego to recognise Prop 215 and SB420.
Please send this call to action to everyone in your contact list.
It is time for everyone to come out of the Cannabis Closet
Thank You
James Dean Stacy
movementinaction@gmail.com
www.movementinaction.org
WHERE: 940 Front Street San Diego CA
WHAT: National Day of Protest against NTF and DEA raids on medical marijuana patients and collectives.
In one week we will have the opportunity to tell those who seek to rule over us that we are not happy with the way they are treating us. The raids by the DEA and NTF of San Diego are not acceptable and we want them to stop! There is no reason for the NTF to be cross sworn except to violate state law. We voted to legalize medical marijuana 14 years ago. The DEA refuses to go by science and what the medical profession has said. Here in San Diego we have a Narcotics Task Force that has been cross sworn so they can violate state law as well as give any confiscated medicine to the DEA so they do not have to return it when the victim is found not guilty or not charged.
On March 26th from 12 noon to 2:00pm we will be meeting at 940 Front st to protest the illegal raids by the DEA on medical marijuana as well as the refusal of San Diego to recognise Prop 215 and SB420.
Please send this call to action to everyone in your contact list.
It is time for everyone to come out of the Cannabis Closet
Thank You
James Dean Stacy
movementinaction@gmail.com
www.movementinaction.org
Thursday, March 18, 2010
San Diego MMTF Meeting Friday 3/19 at 9am
The San Diego Medical Marijuana Task Force meets again this Friday 9am -11am
202 C St. San Diego A 92101 (map)
City Council Committee Room, 12th floor of the City Administration Building.
The task force is working on recommendations to the San Diego City Council with regards to medical marijuana regulations and zoning ordinances. This Friday it is critical that we get the community out to the meeting.
Friday 3/19/2010 MMTF Agenda:
Your input is needed and encouraged. Come to the meeting, fill out a public comment sheet, and let your voice be heard!
San Diego Americans for Safe Accesswww.SafeAccessSD.org
Get Involved, get active, make a difference!
Join ASA - www.safeaccessnow.org
202 C St. San Diego A 92101 (map)
City Council Committee Room, 12th floor of the City Administration Building.
The task force is working on recommendations to the San Diego City Council with regards to medical marijuana regulations and zoning ordinances. This Friday it is critical that we get the community out to the meeting.
Friday 3/19/2010 MMTF Agenda:
- ITEM 1 – Proposed recommendations regarding packaging, labeling and transport of medical marijuana
- ITEM 2 – Adoption of a statement of concern to forward to City and County officials
- ITEM 3 – Adoption of a statement regarding medical marijuana use by juveniles
- ITEM 4 – Agenda items for next meeting (if time permits)
Your input is needed and encouraged. Come to the meeting, fill out a public comment sheet, and let your voice be heard!
San Diego Americans for Safe Accesswww.SafeAccessSD.org
Get Involved, get active, make a difference!
Join ASA - www.safeaccessnow.org
Judge won't dismiss medical marijuana case under Obama made me do it defense.
Greg Moran, San Diego Union Tribune
Tuesday, March 16, 2010
James Stacy, the Vista medical marijuana dispensary owner facing federal drug charges, has lost an intriguing bid to have the charges against him thrown out.
Stacy had argued that President Obama, when he was Candidate Obama, had basically said he wouldn't prosecute medical marijuana providers who were complying with state law, and that Stacy had relied on that -- and later statements by Attorney General Eric Holder -- to launch his business.
He also said the prosecution violated the Tenth Amendment because it "commandeered" local law enforcement to enforce federal policy. The intriguing arguments received some attention after first being reported by San Diego CityBeat in December.
In an 11-page ruling Moskowitz said, essentially, nice try.
Comments made by Obama and one of his campaign flaks cited by Stacy "cannot be deemed representations of the federal government regarding drug-prosecution policy." There's no evidence Stacy even heard those statements or that any government official told him selling medical marijuana was OK under federal policy. Holder's statements were "vague," "loose" and did not rule out that the feds could still prosecute medical marijuana cases.
As for the Tenth Amendment argument, the judge said there was no evidence that the San Diego Sheriff's Office was forced to participate in the investigation and raids of dispensaries in the county. "Voluntary cooperation by the Sheriff's Department or other state agencies does not give rise to a Tenth Amendment claim," he wrote.
So now it looks like it is on to trial for Stacy. The judge did leave the door open a bit. He said he would decide later whether Stacy and his lawyer, Kasha Kastillo, could use the Obama-told-me-I-could argument, known as entrapment by estoppel, as a defense at trial.
Federal prosecutors are moving to head that off, filing a motion last Friday asking Moskowitz to ban that defense, as well as several others. Trial is set for April 26.
Stacy was one of two people charged federally in a sweep of dispensaries launched in the fall. He opened the Movement in Action dispensary four months or so before the raids occurred. One of the reasons he may have ended up in federal court is that investigators found a gun in the dispensary and, even under Obama guidelines relaxing prosecutions of dispensaries that comply with state law, that can lead to a federal charges being filed.
http://www.signonsandiego.com/weblogs/minute-orders-courts/2010/mar/16/judge-wont-dismiss-medical-marijuana-case-under-ob/
Tuesday, March 16, 2010
James Stacy, the Vista medical marijuana dispensary owner facing federal drug charges, has lost an intriguing bid to have the charges against him thrown out.
Stacy had argued that President Obama, when he was Candidate Obama, had basically said he wouldn't prosecute medical marijuana providers who were complying with state law, and that Stacy had relied on that -- and later statements by Attorney General Eric Holder -- to launch his business.
He also said the prosecution violated the Tenth Amendment because it "commandeered" local law enforcement to enforce federal policy. The intriguing arguments received some attention after first being reported by San Diego CityBeat in December.
In an 11-page ruling Moskowitz said, essentially, nice try.
Comments made by Obama and one of his campaign flaks cited by Stacy "cannot be deemed representations of the federal government regarding drug-prosecution policy." There's no evidence Stacy even heard those statements or that any government official told him selling medical marijuana was OK under federal policy. Holder's statements were "vague," "loose" and did not rule out that the feds could still prosecute medical marijuana cases.
As for the Tenth Amendment argument, the judge said there was no evidence that the San Diego Sheriff's Office was forced to participate in the investigation and raids of dispensaries in the county. "Voluntary cooperation by the Sheriff's Department or other state agencies does not give rise to a Tenth Amendment claim," he wrote.
So now it looks like it is on to trial for Stacy. The judge did leave the door open a bit. He said he would decide later whether Stacy and his lawyer, Kasha Kastillo, could use the Obama-told-me-I-could argument, known as entrapment by estoppel, as a defense at trial.
Federal prosecutors are moving to head that off, filing a motion last Friday asking Moskowitz to ban that defense, as well as several others. Trial is set for April 26.
Stacy was one of two people charged federally in a sweep of dispensaries launched in the fall. He opened the Movement in Action dispensary four months or so before the raids occurred. One of the reasons he may have ended up in federal court is that investigators found a gun in the dispensary and, even under Obama guidelines relaxing prosecutions of dispensaries that comply with state law, that can lead to a federal charges being filed.
http://www.signonsandiego.com/weblogs/minute-orders-courts/2010/mar/16/judge-wont-dismiss-medical-marijuana-case-under-ob/
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