Drug Policy

State Medical Marijuana Acquittal in San Diego

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On Tuesday a San Diego jury acquitted the manager of a medical marijuana dispensary whom District Attorney Bonnie Dumanis accused of breaking state law by operating a for-profit cannabis business. Jovan Jackson, manager of the Answerdam Alternative Care Collective, was busted in September during a local sweep of 14 dispensaries that resulted in 31 arrests. The case against him, the first of this batch to go to trial, was based on two cannabis purchases by an undercover officer who presented a doctor's recommendation and paid a fee to join the collective. Dumanis, like Los Angeles District Attorney Steve Cooley, seems to believe that any operation where patients pay for cannabis is illegal. But the jury in Jackson's case, like California Attorney General Jerry Brown and local officials in jurisdictions such as San Francisco and Oakland, concluded that state law allows patient collectives to charge for marijuana to cover their costs. To convict Jackson of illegally distributing marijuana, therefore, it was not enough to show that Answerdam accepted credit cards or that it allowed patients with doctor's recommendations to buy pot. Jackson still faces sentencing for possession of 17 MDMA tablets and a Xanax that police found in his home. But the verdict is a significant rebuke to a legal theory that would make every storefront cannabis supplier in California subject to arrest and invite continued federal interference with the state's medical marijuana policy.

[via the Drug War Chronicle]

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  1. On Tuesday a San Diego jury acquitted the manager of a medical marijuana dispensary whom District Attorney Bonnie Dumanis accused of breaking state law by operating a for-profit cannabis business.

    Was he indicted for selling dope, or was he indicted for daring to make money?

    Because here in California, daring to make money IS a crime – at least, nowadays…

  2. Courts all over the country from top to bottom have been getting things right a lot lately. Weird.

    That said, has Ryan Frederick appealed yet?

  3. Actually, to be a rebuke to the legal theory that charging for pot is illegal under California law, I think you would need an appellate court to rule on it, not a jury.

  4. The case reeks of entrapment and police falsifying medical and other documents. No evidence was shown that proves Jovan Jackson was making alot of money. I don’t believe he was. It was vindictive of the San Diego County DA’s office to go after all 14 dispensaries there – just for political gain and press exposure. If it was a ‘test case’ then it proves the public will favor these dispensaries if they are made as safe as ordinary liquor, convenience, and jewelery stores.

    1. You’ll love this then. In my Buddies case in SD where he was busted after an illegal pull over, had him “sign” a form allowing the cops to “search” his home with my “buddies” permission.

      He never signed it. So the cops forged it based on his license. So when he hired a professional hand writing analyst that worked for the DEA for 15 years the original document was accidentally “destroyed” And only the photo copy was left.

      They are dirty, they lie and tamper with evidence. They also said he resisted arrest, but when the watched the dash camera they saw the officer slam him in to the hood and throw him to ground.

      – Good times.

  5. This case WAS NOT from Bonnie Dumanis’ 09/09/09 terror attacks on safe access in San Diego, it was from the 2008 attacks… This case was PRE-AG Guidelines and the verdict was NOT GUILTY. For profit sales is legal!

    See factual Jovan Jackson articles on the Bonnie D.A.’ Mantis Blog (aka. The S.E.P.T.I.C. System)
    http://bonniedamantis.wordpres…..n-jackson/

  6. So what does the home personal use of E and his anti-anxiety drug have to do with running a collective?

    1. Mr. Jackson’s convictions on the unrelated charges are a violation of Mr. Jackson’s civil rights. What’s in your bedroom drawer?……. I know… I know…. NONE OF MY BUSINESS!

      FURTHERMORE…. With regard to the issue of Mr. Jackson making money… Mr. Jackson began his collective BEFORE the AG released “non-profit” guidelines, check your facts…

      Non-profit was not “the issue” then, and according to the jury, IT WAS NOT THE ISSUE IN THIS CASE!

      I was in the court room for this trial, the jury verdict said “YOU CAN MAKE MONEY” the law is too vague to say you can not.

      The same BS the prohibition clan has been feeding you about sales not being legal applies to the “non-profit” issue. Check the written law, it does not say you can not profit… The law is a California initiative and can not be changed except by another initiative or appelate court decision.

      The law requires “proof beyond a reasonable doubt” to find someone guilty of a crime… “Vague Law” and “Reasonable Doubt” mixed together means an acquittal from every jury that follows the law. (as long as your attorney is not an idiot, and many are…)

      GOT CIVIL RIGHTS?
      Verdict is in, “Bonnie Dumanis violates Jovan Jackson’s civil rights”, court says;
      http://bonniedamantis.wordpres…..ourt-says/

      See all Jovan Jackson articles on the Bonnie D.A.’ Mantis Blog (aka. The S.E.P.T.I.C. System)
      http://bonniedamantis.wordpres…..n-jackson/

  7. about time the police remember they work FOR the people….the public wants this and the cops need to go with the will of the voters….

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