Pubdate: Wed, 02 Dec 2009
Source: San Diego Union Tribune (CA)
Copyright: 2009 Union-Tribune Publishing Co.
Contact:  http://www.signonsandiego.com/
Details: http://www.mapinc.org/media/386
Note: Seldom prints LTEs from outside it's circulation area.
Author: Greg Moran
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)

MANAGER OF MEDICAL POT DISPENSARY IS ACQUITTED

He faced 5 charges of sales, possession

SAN DIEGO COURTS -- A Navy veteran who was the manager  of a medical
marijuana dispensary was acquitted of five  charges of possessing and
selling the drug illegally  yesterday, a verdict that emboldened
medical marijuana  activists and was a setback for San Diego
prosecutors  who have aggressively pursued medical marijuana cases.

Jovan Jackson blinked, began to sigh, then started to  weep as the
court clerk in San Diego Superior Court  Judge Cynthia Bashant's
courtroom ticked off one "not  guilty" verdict after another on the
possession and  sales of marijuana charges he faced.

Jackson was convicted of possessing the drugs Ecstasy  and Xanax,
however. Those charges were not the focus of  the case, and he likely
will not spend time in prison  for them.

After the trial, which began Nov. 20, the jury foreman  said that the
ambiguity and lack of clarity in  California's medical marijuana law
tipped the balance  in favor of Jackson.

Ed Fowler said the law is unclear on the definition of  a collective
or cooperative, so the panel had to find  Jackson not guilty.

Jackson, 31, was the manager of the Answerdam  Alternative Care in
Kearny Mesa. San Diego prosecutors  alleged that instead of dispensing
medicine, Jackson  was in the business of illegally selling the drug
for  profit.

Prosecutor Chris Lindberg argued that the dispensary  sold marijuana
to anyone who came in. San Diego police  conducted undercover
purchases in June and July of last  year. One detective paid a $20
membership fee and  provided a doctor's recommendation but signed up
with a  false name.

At the trial, Jackson's lawyer, Lance Rogers, argued  that the
dispensary complied with the law, requiring  members to have a
doctor's recommendation to use the  drug and sign a membership agreement.

The jury deliberated about a day before reaching its  verdict. Perry
Wright, another juror, said afterward  that clarifying the state's
medical marijuana law is  needed if there are to be more
prosecutions.

"If you are going to hold someone to the law, you have  to define that
law," Wright said.

Medical marijuana activists said the verdict should  send a message to
District Attorney Bonnie Dumanis  about bringing more cases and to
local law enforcement  that has orchestrated raids on
cooperatives.

"I hope today this sends a signal that this has to  stop," said Donna
Lambert, a medical marijuana patient  who was in the courtroom for the
verdict and supported  Jackson.

The most recent wave of raids occurred in September,  shutting down 14
medical marijuana storefronts and  leading to 31 arrests. One of those
arrested was  Jackson, who is facing charges stemming from that  arrest.

The other cases are under review.

Lindberg said after the verdict he was disappointed but  respected the
jury's decision and work on the case. He  indicated that the verdicts
will not halt medical  marijuana cases, and if people are not obeying
the law,  they will be prosecuted.

Jackson said outside court that he was thankful. "I'm  glad this day
has finally come," he said.

His lawyer, Rogers, said that the verdicts "are a big  win, not just
for Jovan Jackson but for everyone who is  a target of the DA's raids." 
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MAP posted-by: Jo-D