A federal judge on Monday said he expects to decide within two weeks whether he will let Vista man who ran a medical marijuana dispensary argue to a jury that he believed the federal government was OK with selling the herb to sick people.
James Stacy faces three federal counts related to his now-defunct Vista shop: conspiracy to grow and sell marijuana, growing marijuana and possessing a semi-automatic handgun in furtherance of his pot operation.
And he might face a few more counts. At a court hearing for Stacy's case on Monday, Assistant U.S. Attorney Andrew Schopler said his office is considering adding three more charges, all related to selling medical marijuana to an undercover San Diego Sheriff's deputy posing as a patient last summer.
Moskowitz said he will issue his decision by June 28. Stacy's criminal trial is set for July 12, although it might be postponed due to attorney scheduling conflicts.
Stacy and about two dozen supporters on Monday were in the San Diego federal courtroom of U.S. District Judge Barry Ted Moskowitz, who was hearing attorney arguments about whether the jury can hear the defense, which is known as entrapment by estoppel.
Through his public defense attorney, Kasha Castillo, Stacy has asked to let the jury know he believed he was not in danger of federal prosecution.
Stacy says he took public statements by officials, including President Barack Obama and U.S. Attorney General Eric Holder, as a greenlight to open up shop in June 2009, so long as he followed California law.
"It makes what Mr. Stacy did in June 2009 reasonable," Castillo argued.
But it might not be an easy sell to Moskowitz, who earlier this year rejected Stacy's bid to dismiss the case outright based on the same the feds-said-it-was-OK argument.
The judge on Monday said the materials on which Stacy said he relied ---- including Internet research and newspaper stories about federal policy regarding medical marijuana ---- did not state that all dispensaries following state laws were OK. Instead, the judge said, federal officials essentially said they had the discretion about whether to prosecute.
"They didn't say it's legal, they didn't say it's permissible, they said that they have no plans to prosecute," Moskowitz said.
The judge also said that Stacy could have contacted federal prosecutors before opening up the shop, Movement in Action, rather than rely on media accounts of federal policy.
Stacy's medical marijuana store was one of 14 San Diego County shops raided by local and federal authorities on Sept. 9, 2009. A search of Stacy's shop turned up eight dozen marijuana plants and a semiautomatic gun.
Federal prosecutors filed drug charges against only two of the pot shop owners, including Stacy, following the raids.
NewsHawk: Ganjarden: 420 MAGAZINE
Source: North County Times
Author: TERI FIGUEROA
Contact: North County Times
Copyright: 2010 North County Times - Californian
Website: Man awaits decision in medical marijuana case
James Stacy faces three federal counts related to his now-defunct Vista shop: conspiracy to grow and sell marijuana, growing marijuana and possessing a semi-automatic handgun in furtherance of his pot operation.
And he might face a few more counts. At a court hearing for Stacy's case on Monday, Assistant U.S. Attorney Andrew Schopler said his office is considering adding three more charges, all related to selling medical marijuana to an undercover San Diego Sheriff's deputy posing as a patient last summer.
Moskowitz said he will issue his decision by June 28. Stacy's criminal trial is set for July 12, although it might be postponed due to attorney scheduling conflicts.
Stacy and about two dozen supporters on Monday were in the San Diego federal courtroom of U.S. District Judge Barry Ted Moskowitz, who was hearing attorney arguments about whether the jury can hear the defense, which is known as entrapment by estoppel.
Through his public defense attorney, Kasha Castillo, Stacy has asked to let the jury know he believed he was not in danger of federal prosecution.
Stacy says he took public statements by officials, including President Barack Obama and U.S. Attorney General Eric Holder, as a greenlight to open up shop in June 2009, so long as he followed California law.
"It makes what Mr. Stacy did in June 2009 reasonable," Castillo argued.
But it might not be an easy sell to Moskowitz, who earlier this year rejected Stacy's bid to dismiss the case outright based on the same the feds-said-it-was-OK argument.
The judge on Monday said the materials on which Stacy said he relied ---- including Internet research and newspaper stories about federal policy regarding medical marijuana ---- did not state that all dispensaries following state laws were OK. Instead, the judge said, federal officials essentially said they had the discretion about whether to prosecute.
"They didn't say it's legal, they didn't say it's permissible, they said that they have no plans to prosecute," Moskowitz said.
The judge also said that Stacy could have contacted federal prosecutors before opening up the shop, Movement in Action, rather than rely on media accounts of federal policy.
Stacy's medical marijuana store was one of 14 San Diego County shops raided by local and federal authorities on Sept. 9, 2009. A search of Stacy's shop turned up eight dozen marijuana plants and a semiautomatic gun.
Federal prosecutors filed drug charges against only two of the pot shop owners, including Stacy, following the raids.
NewsHawk: Ganjarden: 420 MAGAZINE
Source: North County Times
Author: TERI FIGUEROA
Contact: North County Times
Copyright: 2010 North County Times - Californian
Website: Man awaits decision in medical marijuana case
