“The San Diego Attorney General’s Office, which viciously maintains a divergent view on Jackson’s appeal, stated that “it is looking over the appellate court’s decision.”
The recent rains that Southern California enjoyed seemed rather like a good omen for Kearny Mesa, as an appeals court on Wednesday reversed the felony conviction of Mr.Mesa -a medical marijuana dispensary manager who had been found guilty of processing, packaging and selling pot for profit.
The appeals court decided that the trial judge should not have barred Jovan Jackson, 34 – from putting forth his argument that his conduct was permissible under California’s prop 215, the voter approved initiative which allows medical marijuana patients to associate for the purpose of “collectively cultivating” the seeds of this miracle plant.
Barring an intervention from the state Supreme Court, Jovan Jackson case will be sent back to the same San Diego Superior Court, where it could face the same bigoted logic again.[nggallery id=652]
“Obviously, we’re delighted by the court’s opinion,” ranted Joseph Elford, of the ASA – who argued the appeal on Mr. Jackson’s behalf. “It provides Mr. Jackson some sense of justice in what’s been an insanely unjustified and unfortunate case.”
The San Diego District Attorney’s Office, under the direct order of Bonnie Dumanis – stated that it has no problem with prosecution of Mr. Jackson, or its understanding of California law. It is the opinion of the Dist. attorney’s office that to use medical pot – patients (or their principal cultivators) should be required to grow it.
“We continue to embrace our interpretation that the Legislature limited the protected activity to the cultivation of marijuana for medical purposes and not large-scale distribution of marijuana,” noted Steve Walker, the only available mouthpiece for the San Diego District Attorney’s Office. “It’s our hope that the courts will provide more clarity as to the scope of the protected activity,” he stated just before mentioning that they had made no decision as to whether Mr. Jackson will be retried.[nggallery id=653]
The San Diego Attorney General’s Office, which viciously maintains a divergent view on Jackson’s appeal, stated that “it is looking over the appellate court’s decision.”
Jovan Jackson was found guilty back in 2010 of unlawfully keeping and vending the medical pot through the Answerdam Alternative Care dispensary. He was subsequently sentenced to an unjust probation of three years.
As a means of hedging their bet just before trial, the D.A’s good squad filed a particularly vile motion, requesting the judge to disallow Jackson’s medical marijuana defense. The perpetually biased San Diego prosecutors argued that Answerdam was not a medical marijuana dispensary as allowed by law, but rather a “brick and mortar retail business” which profited to the tune of $1,000 to $1,500 a day.[nggallery id=654]
Wisdom and logic aside, the original trial judge Howard Shore, found that given the dispensaries 1,600 active patients, the defendant could not establish that the collective was formed for the sole purpose of “collectively growing medical pot,” as opposed to simply selling it.
Be that as it may – the three-judge panel of the 4th District Court of Appeals could not have disagreed more with the lower court’s decision, and voted unanimously to reverse Jackson’s conviction: stating that despite the fact that few ‘patient members’ actually participated in the marijuana cultivation process, that shouldn’t have precluded his ability to put forth a medical marijuana defense.