Pubdate: Thu, 13 Jan 2011
Source: New Times (San Luis Obispo, CA)
Copyright: 2011 New Times
Contact:  http://www.newtimesslo.com/
Details: http://www.mapinc.org/media/1277
Author: Matt Fountain
Bookmark: http://www.mapinc.org/find?115 (Cannabis - California)
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)

OFF THE HOOK

Three Cases Have Been Dismissed After a Controversial Medical Marijuana Sting

Supporters of the 12 San Luis Obispo County residents arrested in a 
recent mobile medical marijuana dispensary sting arrived early Jan. 
11 at the steps of the county courthouse. The doors hadn't even 
opened yet, but once they did, those supporters soon learned that 
charges against three of the arrestees were rejected by prosecutors.

Speaking out against what they called "heavy-handed tactics" and 
"misused resources" by local law enforcement, protesters gathered 
just as preliminary hearings for four of the defendants were about to 
get under way.

"The war on medical marijuana is one big rat hole," said Linda Hill, 
spokesperson for the local chapter of the patients' rights advocacy 
group Americans for Safe Access, who spoke at the rally. "The 
taxpayers' money is too scarce and precious to be wasted in this way."

In the final days of 2010, roughly 50 agents from SLO County's 
Narcotics Task Force (NTF) searched the homes of mobile medical 
marijuana dispensary operators in SLO and Los Angeles counties.

Fifteen people were arrested over a three-day period starting Dec. 
27, three of whom were arrested in Tarzana, a small district in Los 
Angeles' San Fernando Valley. Agents seized marijuana, hash, hash 
oil, as well as a small amount of cocaine from a Tarzana residence. 
The entire haul was appraised by the task force at roughly $3.5 million.

In an early January phone interview with New Times, NTF Commander 
Rodney John said his agents collected "concrete proof" every person 
arrested in the sting had violated provisions of California's medical 
marijuana program. In 1996, voters approved Proposition 215, also 
known as the Compassionate Use Act, which exempts qualified patients 
and their caregivers from prosecution for possessing and cultivating cannabis.

Apparently, the SLO County Office of the District Attorney didn't see 
eye to eye with the NTF. On Jan. 11, prosecutors rejected the cases 
against Rachel and Charles Tamagni, who own Trilogy Health Services 
in Paso Robles, and Roy Allred of Atascadero-based Cannafornia Health Services.

Asked how the investigation has affected their collective, the 
Tamagnis said it was too soon to tell, but that they were ready to 
start getting their lives back together.

"But this is just step one," Rachel said. "Now we have to stand by 
our compatriots."

The District Attorney's office could not be reached for comment. 
Deputy District Attorney Jerret Gran said the charges have been 
kicked back to law enforcement for further investigation. He said 
charges could be refiled. Steven Gordon, owner of the Pismo 
Beach-based collective Hopeful Remedies, pleaded not guilty to felony 
marijuana-related charges and child endangerment. He recounted the 
early-morning raid, saying agents broke down his door and pointed 
rifles at him and his 10-year-old daughter.

"They ran through the house like this," Gordon said, indicating guns 
drawn, "and pointed at my child's head-and then they charge me with 
child endangerment?

"This is wild," he went on. "This is vicious."

Others who were arrested told similar stories of assault rifles, K-9 
units, and helicopters.

John said he wasn't aware of any excessive force. But he also said 
there was no audio or video taken during the searches.

"Actually, by law we're not required to [record the searches]," John 
said. "And we always look out for the civil liberties of those in custody."

What is recorded, however, is information in the statements of 
probable cause used to procure the search warrants, all authorized by 
Superior Court Judge Jacqueline Duffy.

According to the reports written by SLOPD officer and NTF 
investigator Jason Dickel, the NTF began investigating local mobile 
dispensaries in October 2010. An undercover SLOPD detective used fake 
identification and a back pain complaint to obtain a physician's 
recommendation for medical marijuana.

In November 2010, agents set up a dummy apartment in SLO. There, 
officers arranged deliveries with seven collectives. According to the 
warrants, each delivery person checked the officer's identification 
and physician's recommendation before providing the marijuana.

Throughout the month, agents would eventually conduct two or three 
such transactions with each collective, each ranging in price from $45 to $80.

Attorneys for the defendants contend their clients were following 
state guidelines set forth by the California attorney general in 2008 
for medicinal marijuana. John, however, said they violated state law 
by accepting cash for their services.

The issue may boil down to interpretation of state law. According to 
California Department of Justice guidelines, caregivers may receive 
"certain compensation" for their services.

According to Special Agent Michelle Gregory, spokeswoman for the 
California Department of Justice, the guidelines were originally 
designed to clarify "confusing" state law for users and growers of 
medical marijuana.

"But I don't know that it has," Gregory said, adding that the 
original guidelines were drafted prior to the proliferation of 
brick-and-mortar dispensaries and mobile services. She said she 
wasn't aware if a redrafting is in the near future.

Gregory did say the sale of marijuana is illegal, and that most 
collectives are operating illegally by charging more than it costs to 
grow the marijuana, and by selling to individuals who aren't members 
of their collectives.

"So, in respect to the [NTF] case-I don't know all the ins and outs 
of the case-but if the dispensary was selling to someone not part of 
their collective, they were in violation of the law," she said.

According to the NTF search warrants in all but two of the delivery 
services, after checking for a recommendation, had the officer 
immediately sign a form stating she was either a member of the 
collective or that the operator was her primary caregiver before they 
provided marijuana.
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MAP posted-by: Jay Bergstrom