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Victory! Historic Decision Issued In Medical Marijuana Case

By Steve Elliott ~alapoet~ on October 24, 2012 Dispensaries, Legislation, News

Fourth District Court of Appeal rejects requirement that all collective members must be actively involved in cultivation

The Fourth District Court of Appeal for California on Wednesday issued a unanimous published ruling in a landmark medical marijuana case that reverses the conviction of a San Diego dispensary operator, Jovan Jackson, convicted in September 2010 after being denied a defense in state court. Wednesday’s historic ruling also reversed the lower court’s finding that Jackson was not entitled to a defense, providing the elements for such a defense in future jury trials.

“This landmark decision not only recognizes the right of dispensaries to exist and provide medical marijuana to their patient members, it also grants a defense for those providers in state court,” said Joe Elford, chief counsel with Americans for Safe Access (ASA), a medical marijuana advocacy group. Elford also argued Jackson’s appeal before the court.

Court To Hear Landmark Medical Marijuana Case In San Diego

By Steve Elliott ~alapoet~ on October 10, 2012 Dispensaries, Legislation, News

K.C. Alfred/Sign On San Diego

Jovan Jackson, manager of a now-defunct medical marijuana dispensary in Kearny Mesa, is accused of illegally selling cannabis

Advocates fight to overturn a wrongful conviction and preserve the right to a medical marijuana defense

Appellate court oral arguments are set to occur Thursday in a widely watched medical marijuana dispensary case that raises the question of what defines a legitimate dispensary. Nearly a year ago, medical marijuana patient advocacy group Americans for Safe Access (ASA) appealed the September 2010 conviction of San Diego dispensary operator Jovan Jackson.

DEA Forgets Pot-Smoking Student In Cell For Five Days

By Steve Elliott ~alapoet~ on May 3, 2012 News

K.C. Alfred/UC San Diego

Daniel Chong was forgotten in his DEA holding cell for five days without food or water

UC-San Diego Student Drank His Own Urine to Survive, Then Attempted Suicide

Student Was Smoking Pot at House Raided by DEA on 4/20; Never Charged With Any Crime

Daniel Chong, UC-San Diego student, said he was forced to drink his own urine after he was left in a Drug Enforcement Administration (DEA) holding cell for nearly five days.

Advocates Want New Trial In San Diego Pot Dispensary Case

By Steve Elliott ~alapoet~ on December 14, 2010 Dispensaries, News

Photo: K.C. Alfred/Sign On San Diego

The court deprived Jovan Jackson of the medical marijuana defense that was used to gain an acquittal in his first trial

Medical marijuana patient advocates on Wednesday will argue for a new trial in the case of dispensary owner Jovan Jackson, who was convicted on September 28 after he was tried for the second time in less than a year on the same charges of marijuana possession and sales.

After District Attorney Bonnie Dumanis failed to convict Jackson the first time, she was able to block his use of a medical marijuana defense at the second trial, virtually guaranteeing his conviction, according to patient advocacy group Americans for Safe Access (ASA).

Marijuana Dispensary Operator Convicted Of Possession, Sales

By Steve Elliott ~alapoet~ on September 29, 2010 Dispensaries, News

Photo: K.C. Alfred/Sign On San Diego

Jovan Jackson, manager of a now-defunct medical marijuana dispensary in Kearny Mesa, was accused of illegally selling cannabis.

San Diego medical marijuana dispensary operator Jovan Jackson was convicted by a jury Tuesday on all three counts of possession and sales of cannabis with which he was charged. However, the conviction came after San Diego Superior Court Judge Howard H. Shore refused to allow Jackson a medical marijuana defense at trial.

The trial began last week, with the jury taking less than 24 hours to reach a verdict. Jackson is likely to appeal the conviction and his inability to use a medical defense.

Medical marijuana patients’ rights group Americans for Safe Access (ASA) had previously submitted a brief in Jackson’s case supporting his right to a medical defense and is considering assisting with an appeal.

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