| Photo: Calaveras County Sheriff |
| Deputy Steve Avila admitted he stole a medical marijuana patient’s I.D., falsified the birthdate, then bought pot with it — and arrested the man who sold it to him! |
Prosecutors have dropped drug dealing, cultivation and possession charges against a medical marijuana dispensary owner in which a Calaveras County sheriff’s deputy used a legitimate — but stolen — medical marijuana card to induce the man to sell him cannabis.
Jay R. Smith, 37, pleaded no contest Friday to a single charge of aiding and abetting another person to commit a felony, according to court records, reports Dana M. Nichols at the Stockton Record.
Smith was sentenced to pay a $160 fine and serve 90 days in jail, but will not be subject to probation. The plea deal means he will be able to continue work as a medical marijuana patient advocate, Smith said.
His arrest on January 4, 2010, prompted protests by medical marijuana patients and providers. At the time, Smith was operating K Care Collective, a medicinal cannabis dispensary.
Calaveras County Sheriff’s Deputy Steve Avila, also known as “that sleazy piece of shit,” posed as a legitimate medical marijuana patient named Robert Shaffer of Ione, California, and contacted Smith seeking to buy cannabis.
Deputy Avila had “gained possession” (I guess that’s what they call stealing when a deputy does it?) of Shaffer’s medical marijuana card in late 2009 during an earlier drug case against Shaffer. Deputy Avila then proceeded to falsify the birthdate on the card to persuade Smith to sell him marijuana.