Pubdate: Thu, 31 May 2012
Source: San Diego Union Tribune (CA)
Copyright: 2012 Union-Tribune Publishing Co.
Contact:  http://www.utsandiego.com/
Details: http://www.mapinc.org/media/386
Note: Seldom prints LTEs from outside it's circulation area.
Author: Greg Moran

JUDGE DISMISSES CASE AGAINST MARIJUANA DISPENSARY LEADER

Jury Deadlocked, but Defendant Is Found to Be Complying With Law

SAN DIEGO - A San Diego judge has dismissed all charges against the 
president of a medical marijuana dispensary following a weeklong 
trial that ended with a hung jury.

After declaring a mistrial, Superior Court Judge Laura Parsky took 
the unusual step last Thursday of dismissing the case against Dexter Padilla.

Padilla was charged with possession and cultivation of marijuana in 
January 2011 in his role as president of Therapeutic Healing Corp., 
which was on Holiday Court in La Jolla. The drug was grown at a San 
Marcos warehouse.

The jury said it was hung 7-5 in favor of guilt.

Parsky said she dismissed the charges in the interest of justice 
because the defense had presented enough evidence that Padilla was 
complying with the state's medical marijuana law.

He argued he was immune from the charges under the state's medical 
marijuana law, which allows growing and using the drug by qualified 
patients and caregivers for medical purposes.

Before launching his licensed nonprofit cooperative, Padilla took 
steps to assure it complied with the state law, said his lawyer, 
Michael McCabe.

McCabe said that prosecutors argued Therapeutic Healing Corp., with 
some 3,000 members, was too large to fit the legal definition of a 
nonprofit. The prosecution also contended the state guidelines for 
medical marijuana cooperatives require that anyone claiming to be a 
member has to participate in some way in the growing, cultivating and 
distribution of the marijuana.

McCabe argued that a February appeals court decision in Los Angeles 
said that kind of participation by patients is not required under the 
law. The state Supreme Court affirmed that decision May 23, when 
Padilla's case was going on, by declining to review the decision.

A spokeswoman for District Attorney Bonnie Dumanis said Tuesday the 
office has "no intention" of appealing Parsky's decision.

Padilla's dispensary no longer operates, McCabe said. Almost all 
medical marijuana outlets in the county have closed following a 
federal crackdown on them. Marijuana is not legal under federal law 
for any purpose.
- ---
MAP posted-by: Jay Bergstrom