As San Marcos medical marijuana criminal defense attorneys, we were interested to see a recent article about the start of a trial for a man accused of illegally selling medical marijuana for profit. The San Diego Union-Tribune reported Sept. 20 that Jovan Jackson, 32, is being tried in California state court for drug possession and drug sales. The charges stem from a raid on his San Diego medical marijuana dispensary, Answerdam Alternative Care in Kearney Mesa, on Sept. 9, 2009. Medical marijuana is legal throughout California, but prosecutors in Jackson's case argue that he was operating Answerdam for profit, which is not allowed under state law. In opening statements, a prosecutor argued that the business was a profitable drug enterprise, not a medical dispensary.
This is actually the second trial for Jackson on similar charges. Last December, he was acquitted of drug sales charges stemming from a separate investigation, in which an undercover detective bought drugs on two separate occasions using a valid marijuana card. In that trial, Jackson was permitted to present evidence that he was selling the marijuana legally under California's medical marijuana laws, an he was acquitted on all charges. However, the Union-Tribune said he cannot use the same defense in this trial, because the judge has ruled that the medical marijuana defense applies only to groups whose primary purpose was cultivation, not retail sales. The defense did not make an opening statement in the trial, but Jackson has said in the past that he believed he was running Answerdam legally. Jackson's San Diego medical marijuana defense lawyer said he was confident about another acquittal.
Our Temecula medical marijuana criminal defense attorneys wish them luck. We are particularly disappointed in the San Diego district attorney's office for trying Jackson twice on similar charges. Because the trials stem from different incidents, this is not "double jeopardy" as prohibited by the Constitution, but it certainly seems like an attempt by prosecutors to retry the same issues. The article does not give many details explaining the judge's reasons for denying Jackson the right to use a medical marijuana defense, but under state law, medical marijuana collectives and cooperatives have a clear right to use such a defense. A collective or cooperative, including a dispensary, should not be prosecuted only for providing medical marijuana, as long as it is not for profit and does not violate other sections of the law. We hope the jury in Jackson's case is aware of this and makes its decision fairly, even if Jackson's defense is not permitted to bring it up.
Howard Law, P.C. aggressively defends the rights of patients, collectives, cooperatives and others who are subject to unfair prosecution for their association with medical marijuana. As this prosecution implies, some people simply do not like medical marijuana, no matter what the people of the state of California have chosen. Instead of seeing it as a benign medication that can help people and be used responsibly, they choose to treat it as a dangerous substance and the people associated with it as criminals. This has real, important effects on the lives of people like Jovan Jackson, who faces up to six years in prison if he is convicted. Our Costa Mesa medical marijuana criminal defense lawyers do not believe anyone should be subject to prosecution for doing what state law clearly says they may do, and we will defend clients in this situation through negotiations and, whenever necessary, in court.
If you are accused of a crime related to medical marijuana, never plead guilty until you've spoken to the experienced attorneys at Howard Law, P.C.. To tell us about your case and learn more about how we can help, please contact us through our website or call 1-800-872-5925 today.
