An Oildale medical marijuana cooperative will get a chance to try to get its pot, money and books back.
Kern County Superior Court Judge Michael E. Dellostritto ruled on Friday that the cooperative can have a hearing on whether the basis of a search warrant -- used to seize the assets of the business -- was proper.
The date of that hearing was being worked out between attorney Phil Ganong, who represents the cooperative, and Deputy County Counsel Andrew Thomson, who represents the sheriff's department.
The attorneys squared off Tuesday morning in Dellostritto's court.
Ganong argued the California Compassionate Co-Op complied with state law to set up its operation and obeyed all the rules to keep it going.
But Thomson said he believed the Kern County District Attorney's staff would eventually file criminal charges against the co-op and its owner, Deborah Lynn Dahl. Therefore, Thomson said, he wanted the judge to wait before allowing the business to resume operations.
No charges have been filed since the business at 200 North Chester Avenue was shut down by deputies on June 3.
A search warrant alleged the business may have improperly sold marijuana to "Mr. X," an unnamed informant. The warrant also alleged other violations.
That gave deputies the right to seize the computers, records, marijuana and money from the business, the county contends.
But Ganong said Mr. X was a valid customer. Ganong said the affidavit didn't outline the steps the business took to comply with the law.
The co-operative was set up to sell marijuana only to co-op members who got a recommendation from a doctor to use marijuana as a medical treatment.
Furthermore, Ganong said, the state law says such a business cannot be prosecuted if it is set up according to state rules and it follows them.
News Hawk- Ganjarden 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: The Bakersfield Californian
Author: STEVE E. SWENSON
Contact: The Bakersfield Californian
Copyright: 2009 The Bakersfield Californian
Website: Marijuana Co-Op That Wants Pot Back May Get Another Day In Court
Kern County Superior Court Judge Michael E. Dellostritto ruled on Friday that the cooperative can have a hearing on whether the basis of a search warrant -- used to seize the assets of the business -- was proper.
The date of that hearing was being worked out between attorney Phil Ganong, who represents the cooperative, and Deputy County Counsel Andrew Thomson, who represents the sheriff's department.
The attorneys squared off Tuesday morning in Dellostritto's court.
Ganong argued the California Compassionate Co-Op complied with state law to set up its operation and obeyed all the rules to keep it going.
But Thomson said he believed the Kern County District Attorney's staff would eventually file criminal charges against the co-op and its owner, Deborah Lynn Dahl. Therefore, Thomson said, he wanted the judge to wait before allowing the business to resume operations.
No charges have been filed since the business at 200 North Chester Avenue was shut down by deputies on June 3.
A search warrant alleged the business may have improperly sold marijuana to "Mr. X," an unnamed informant. The warrant also alleged other violations.
That gave deputies the right to seize the computers, records, marijuana and money from the business, the county contends.
But Ganong said Mr. X was a valid customer. Ganong said the affidavit didn't outline the steps the business took to comply with the law.
The co-operative was set up to sell marijuana only to co-op members who got a recommendation from a doctor to use marijuana as a medical treatment.
Furthermore, Ganong said, the state law says such a business cannot be prosecuted if it is set up according to state rules and it follows them.
News Hawk- Ganjarden 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: The Bakersfield Californian
Author: STEVE E. SWENSON
Contact: The Bakersfield Californian
Copyright: 2009 The Bakersfield Californian
Website: Marijuana Co-Op That Wants Pot Back May Get Another Day In Court
