Pubdate: Tue, 17 Jul 2007
Source: Bakersfield Californian, The (CA)
Copyright: 2007 The Bakersfield Californian
Contact:  http://www.bakersfield.com/
Details: http://www.mapinc.org/media/36
Author: Jason Kotowski, Californian, staff writer
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)
Bookmark: http://www.mapinc.org/decrim.htm (Decrim/Legalization)

OWNERS OF POT DISPENSARY TO REMAIN IN JAIL

The owners and several employees of a medical marijuana  dispensary
raided Monday face a maximum penalty of 20  years in prison and a $1
million fine.

The five defendants sat before U.S. Magistrate Theresa  Goldner in
Bakersfield on Tuesday afternoon for their  arraignment. David Chavez
Sr. and David Chavez Jr.,  owners of Nature's Medicinal Cooperative in
Oildale,  were ordered to remain in custody until a detention  hearing
in Fresno on Friday.

Goldner also ordered that dispensary employees John  Wayne Wyatt,
Jennifer Diane Brown and John Richard  Shanks be released. All the
defendants are scheduled  for a preliminary hearing July 30 in Fresno.

J. David Nick, attorney for David Chavez Sr., said his  client is
being unfairly targeted by the federal  government. David Chavez Sr.
followed state law and  paid all the appropriate taxes for Nature's
Medicinal  Cooperative, Nick said.

California law allows the sale of medicinal marijuana  to qualified
patients. The drug, however, is still  illegal under federal law and
anyone selling marijuana  in the state can be federally prosecuted.

"It's a disgraceful act by the federal government,"  Nick said after
the arraignment.

Gordon Taylor, Drug Enforcement Administration  assistant special
agent in charge, has said federal law  supersedes state law and any
marijuana dispensary is at  risk of being raided.

Monday's raid netted more than 87 pounds of processed  marijuana, 35
marijuana plants, a small amount of baked  goods laced with pot, a
Smith & Wesson .40-caliber  semi-automatic handgun and a 12-gauge
shotgun, a DEA  news release said. About $20,000 was seized from bank
accounts related to the dispensary and $15,036 in cash  was seized
from Chavez's house.

William Connelly, owner of Seven Seas Compassionate  Care Center, was
raided in early June and then later  arrested. He said he was trying
to sell his business  when he got busted and now he can't get a job
anywhere  else because of the arrest. He has about $700 left and
expects to be homeless by the end of the month.

Connelly finds it ridiculous that David Chavez Sr. and  the others
arrested in Monday's raid face up to 20  years in prison for selling
marijuana.

"Does a murderer get 20 years in prison? Does a  rapist?" Connelly
said. "A child molester doesn't get  20 years in prison."

Connelly, who said he had about 300 customers in the  year he operated
his dispensary, said the federal  government should legalize and
regulate marijuana and  use the tax money it would generate to improve
federal  programs, such as Social Security.
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