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Suspects nailed in an unprecedented South Bay law enforcement sting of medical marijuana delivery services protested Thursday in front of drug court in San Jose, saying their busts were invalid, punished the ill and were aimed at undermining a looming state proposition to largely legalize pot.
The "Compassionate 22" and their supporters held up signs bearing the names of medical conditions -- cancer, glaucoma, lupus and insomnia -- that pot is deemed to alleviate. Although charges have not yet been filed formally, they chanted "Drop the charges! Drop the charges!" and urged passing cars to give them honks of support.
Driving anonymously past the protesters, one of whom waggled a poster saying "Dispensaries, Not Drug Dealers!" the county's top drug prosecutor, Frank Carrubba, did not toot his horn. Carrubba said he expected to file a bulk of the drug charges against the suspects in the near future.
"Our motivation is to require people to comply with statute and case law, period," he said. "There have been many people perverting that law; there are drug dealers hiding behind these legal nuances."
The "Up in Smoke" sting on Oct. 1, and another raid on a local cannabis club last week, have sent shock waves through the local medicinal marijuana movement. About 80 dispensaries have opened in San Jose in the past year -- from well-funded organizations like Harborside to scores of smaller, storefront dispensaries. Until recently, they operated without much local regulation or any legal interference.
Legit vendors only
Narcotics investigators say they are not trying to stymie the legitimate distribution of medical marijuana. But protesters say they are being targeted by misguided law enforcement for bringing medicine to the ill, just as the law says they can. Now, they say, seriously ill patients are avoiding the San Jose dispensaries out of fear of both aggressive local law enforcement and some recent takeover robberies.
"From the robberies to the raids, people are scared," said Daniel Hovland, one of the Up in Smoke suspects and the president of Med-Ex Collective + Deliveries, a popular San Jose cannabis club with more than 3,000 patients. "This is a broad attack by police, a scare tactic to punish what they believe are illegal operations. But we are legitimate businesses trying to get medicine to people who really need it."
Hovland said that the day of the sting, he received a call from a man calling himself Jose Medina who wanted an eighth of an ounce of "Big Blue" marijuana delivered to his place in San Jose. Hovland said he confirmed Medina's information and recommendation from a doctor. Then, he drove it there himself to ensure Med-Ex lived up to its guarantee of delivery within an hour.
When he pulled up with the marijuana in an insulated camera case, Hovland said he noticed what he believed were two plainclothes police officers sleeping in an SUV. He could see their badges and ammo magazines.
'Gotcha' enforcement
So when he met Medina, he told him police officers were just outside. Hovland said he wasn't nervous because he was not doing anything illegal.
Hovland made Medina fill out some informational forms and then sold him about $130 worth of marijuana. When another person came in and asked for some, Hovland said he refused, noting the man had an expired marijuana recommendation card. Then Medina asked for more, which Hovland provided. The implication was that Medina might give his extra to his friend. But Hovland said Medina was still buying within his legal limit. When he took the cash, the police came out from hiding, Hovland said, and arrested him.
James Roberts, a local attorney who represents some of the suspects, said the sting was based on misguided and "gotcha" law enforcement attempting to fool fledgling cannabis club operators.
"Harassing them as they grow through infancy by heavy-handed police tactics such as trying to trick the staff into minor mistakes and searching for technical violations is an appalling and counterproductive approach," he said.
In referring to the Compassionate Use Act of 1996, Roberts argued that with passage of the bill, this kind of police action is not what the public envisioned.
"They have sent the people back to the black market," Roberts said. "This is the opposite of what the public wanted."
NewsHawk: MedicalNeed:420 MAGAZINE
Source:insidebayarea.com
Author: Sean Webby
Contact: Home - Inside Bay Area
Copyright: 2010 Bay Area News Group
Website:Pot delivery suspects and supporters put on protest against South Bay sting operations - Inside Bay Area
The "Compassionate 22" and their supporters held up signs bearing the names of medical conditions -- cancer, glaucoma, lupus and insomnia -- that pot is deemed to alleviate. Although charges have not yet been filed formally, they chanted "Drop the charges! Drop the charges!" and urged passing cars to give them honks of support.
Driving anonymously past the protesters, one of whom waggled a poster saying "Dispensaries, Not Drug Dealers!" the county's top drug prosecutor, Frank Carrubba, did not toot his horn. Carrubba said he expected to file a bulk of the drug charges against the suspects in the near future.
"Our motivation is to require people to comply with statute and case law, period," he said. "There have been many people perverting that law; there are drug dealers hiding behind these legal nuances."
The "Up in Smoke" sting on Oct. 1, and another raid on a local cannabis club last week, have sent shock waves through the local medicinal marijuana movement. About 80 dispensaries have opened in San Jose in the past year -- from well-funded organizations like Harborside to scores of smaller, storefront dispensaries. Until recently, they operated without much local regulation or any legal interference.
Legit vendors only
Narcotics investigators say they are not trying to stymie the legitimate distribution of medical marijuana. But protesters say they are being targeted by misguided law enforcement for bringing medicine to the ill, just as the law says they can. Now, they say, seriously ill patients are avoiding the San Jose dispensaries out of fear of both aggressive local law enforcement and some recent takeover robberies.
"From the robberies to the raids, people are scared," said Daniel Hovland, one of the Up in Smoke suspects and the president of Med-Ex Collective + Deliveries, a popular San Jose cannabis club with more than 3,000 patients. "This is a broad attack by police, a scare tactic to punish what they believe are illegal operations. But we are legitimate businesses trying to get medicine to people who really need it."
Hovland said that the day of the sting, he received a call from a man calling himself Jose Medina who wanted an eighth of an ounce of "Big Blue" marijuana delivered to his place in San Jose. Hovland said he confirmed Medina's information and recommendation from a doctor. Then, he drove it there himself to ensure Med-Ex lived up to its guarantee of delivery within an hour.
When he pulled up with the marijuana in an insulated camera case, Hovland said he noticed what he believed were two plainclothes police officers sleeping in an SUV. He could see their badges and ammo magazines.
'Gotcha' enforcement
So when he met Medina, he told him police officers were just outside. Hovland said he wasn't nervous because he was not doing anything illegal.
Hovland made Medina fill out some informational forms and then sold him about $130 worth of marijuana. When another person came in and asked for some, Hovland said he refused, noting the man had an expired marijuana recommendation card. Then Medina asked for more, which Hovland provided. The implication was that Medina might give his extra to his friend. But Hovland said Medina was still buying within his legal limit. When he took the cash, the police came out from hiding, Hovland said, and arrested him.
James Roberts, a local attorney who represents some of the suspects, said the sting was based on misguided and "gotcha" law enforcement attempting to fool fledgling cannabis club operators.
"Harassing them as they grow through infancy by heavy-handed police tactics such as trying to trick the staff into minor mistakes and searching for technical violations is an appalling and counterproductive approach," he said.
In referring to the Compassionate Use Act of 1996, Roberts argued that with passage of the bill, this kind of police action is not what the public envisioned.
"They have sent the people back to the black market," Roberts said. "This is the opposite of what the public wanted."
NewsHawk: MedicalNeed:420 MAGAZINE
Source:insidebayarea.com
Author: Sean Webby
Contact: Home - Inside Bay Area
Copyright: 2010 Bay Area News Group
Website:Pot delivery suspects and supporters put on protest against South Bay sting operations - Inside Bay Area
