Herb Fellow
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A ruling on whether to quash a search warrant used in the case of a former Palm Desert medical marijuana dispensary operator and his two managers - all facing trial on drug charges - was delayed Friday by a judge who said he needed more time to make an "informed decision."
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Stacy Hochanadel, the former owner of CannaHelp, and managers James Campbell and John Bednar, all 31, were arrested in December 2006 and charged with felony possession of marijuana for sale, transport and sale of marijuana and keeping a place to sell controlled substances.
The three contend they were running a legal medical marijuana business under Proposition 215 and Senate Bill 420. Under California law, marijuana can be sold on a not-for-profit basis to patients with a doctor's prescription, although it is illegal under federal law.
In ordering the three to stand trial, Judge Eric G. Helgesen of Tulare County said last Dec. 7 it appeared the defendants violated the law because the dispensary was profitable, generating well over $1 million in pot sales.
During Friday's hearing, Hochanadel's attorney Ulrich McNulty argued before Riverside County Superior Court Judge David B. Downing that the affidavit filed by the Sheriff's Department in support of the search warrant was inadmissible because investigators failed to prove that a criminal act was committed by the three defendants.
He also argued that the sale of medical marijuana is legal under California law.
However, Supervising District Attorney Richard Cookson told the judge that the three defendants had committed a crime and the appellate court had ruled the Compassionate Use Act was not a defense.
He also argued they violated the Compassionate Use Act by selling the marijuana for profit and to patients outside of the county.
Downing said he needed more time to review the case, and scheduled another hearing for April 4.
"I will tell you I have several concerns," the judge said, noting that after reading the preliminary hearing transcript and affidavit in support of the search warrant, he felt the defendants had established in their minds that they were operating a "legitimate business" and not trying to hide anything.
"The prosecution would have insufficient evidence to go forward because they would not be able to use what was seized during the search," McNulty said.
He added that Hochanadel always believed he was operating within the "confines of the law" and that the affidavit used in support of the search was severely flawed.
Source: The Desert Sun
Copyright: 2008, The Desert Sun
Contact: Amy Blaisdell, City News Service
Website: Search warrant decision delayed in medical marijuana dispensary | MyDesert.com | The Desert Sun
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Stacy Hochanadel, the former owner of CannaHelp, and managers James Campbell and John Bednar, all 31, were arrested in December 2006 and charged with felony possession of marijuana for sale, transport and sale of marijuana and keeping a place to sell controlled substances.
The three contend they were running a legal medical marijuana business under Proposition 215 and Senate Bill 420. Under California law, marijuana can be sold on a not-for-profit basis to patients with a doctor's prescription, although it is illegal under federal law.
In ordering the three to stand trial, Judge Eric G. Helgesen of Tulare County said last Dec. 7 it appeared the defendants violated the law because the dispensary was profitable, generating well over $1 million in pot sales.
During Friday's hearing, Hochanadel's attorney Ulrich McNulty argued before Riverside County Superior Court Judge David B. Downing that the affidavit filed by the Sheriff's Department in support of the search warrant was inadmissible because investigators failed to prove that a criminal act was committed by the three defendants.
He also argued that the sale of medical marijuana is legal under California law.
However, Supervising District Attorney Richard Cookson told the judge that the three defendants had committed a crime and the appellate court had ruled the Compassionate Use Act was not a defense.
He also argued they violated the Compassionate Use Act by selling the marijuana for profit and to patients outside of the county.
Downing said he needed more time to review the case, and scheduled another hearing for April 4.
"I will tell you I have several concerns," the judge said, noting that after reading the preliminary hearing transcript and affidavit in support of the search warrant, he felt the defendants had established in their minds that they were operating a "legitimate business" and not trying to hide anything.
"The prosecution would have insufficient evidence to go forward because they would not be able to use what was seized during the search," McNulty said.
He added that Hochanadel always believed he was operating within the "confines of the law" and that the affidavit used in support of the search was severely flawed.
Source: The Desert Sun
Copyright: 2008, The Desert Sun
Contact: Amy Blaisdell, City News Service
Website: Search warrant decision delayed in medical marijuana dispensary | MyDesert.com | The Desert Sun
