As San Clemente medical marijuana criminal defense attorneys, we're very interested in how federal courts handle California's medical marijuana laws. That's why we're interested in the outcome of a trial for a North San Diego County man accused of federal drug crimes for running a medical marijuana dispensary legally under state law. The LA Weekly reported May 19 on the preliminary hearing for James Stacy, owner of Movement in Action in Vista. Stacy is federally charged with marijuana cultivation, conspiracy to grow and sell marijuana and a firearm charge. His case is being seen as a test case for whether Californians may use the state's Compassionate Use Act as a defense to federal crimes.
Movement in Action was raided by multiple federal agencies in September of last year. It was one of more than a dozen medical marijuana dispensaries in California that was raided as part of "Operation Endless Summer," but only two dispensary owners ended up facing federal charges. The other, Joseph Nunes pleaded guilty and received a one-year prison sentence. A third dispensary owner, Jovan Jackson, was acquitted in state court of drug charges. A month after the raid, the Justice Department made it a policy not to go after medical marijuana dispensaries that are legal under state law. At the May 19 hearing, Stacy is expected to argue that he should be able to admit evidence that he was in compliance with state law, which Americans for Safe Access says is routinely denied to federal medical marijuana defendants. If convicted on all charges, he could get up to 20 years in prison.
Our Riverside medical marijuana criminal defense lawyers wish Stacy the best of luck -- not only for himself, but to set a precedent for future federal defendants. The Supreme Court's 2005 decision in Gonzalez v. Raich has been interpreted as barring defendants like Stacy from defending themselves by pointing to compliance with state law. A bill is in Congress that would explicitly authorize defendants to do so, but it hasn't been passed -- which means Stacy is gambling that the judge and jury he faces will be sympathetic. Jackson's acquittal in San Diego Superior Court suggests that if Stacy had been tried in state court himself, he'd have a good chance of going free. In fact, no evidence shows that Stacy has violated state law. His crimes appear to consist solely to actions that are legal under state law, but illegal under federal law.
Howard Law, P.C. is proud to represent defendants like Stacy, who are accused of drug-related crimes because of their involvement with medical marijuana. In many cases, these are charges brought by people who know full well that the defendant is complying with state medical marijuana laws, but have problems with the idea that marijuana can ever be legal in any context. As a result, dispensary operators and patients may face legalized harassment with serious, life-altering consequences. Our Carson medical marijuana criminal defense attorneys can frequently get state law charges dismissed or dropped by showing full compliance with California medical marijuana law. We can also defend clients who made mistakes that exceeded the law, such as a charge for driving under the influence of drugs.
If you're charged with a medical marijuana crime in California, don't wait before calling Anaheim-based Howard Law, P.C.. For a free, confidential evaluation of your case, send us a message through our website or call 1-800-872-5925 today.
