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which is upon the face of the Earth and every tree,

in the which is the fruit of a tree yielding seed;

                                            to you it shall be for meat."   Genesis 1:29

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California Supreme Court Embraces
Landmark Medical Marijuana Case



Jan 18,2013
Source


As San Diego's mayor finds himself embattled with his own city attorney, over whether or not medical marijuana collectives should be allowed in their cloistered beach front communities.   And Riverside County tries to beat back their local pot clubs, the California Supreme Court has weighed, and I don't think these different municipalities are going to like what the High Court had to say.

San Diego, CA    The California Supreme Court denied review yesterday of a landmark medical marijuana dispensary case, which drew widespread attention from prosecutors and policymakers across the state.   The Fourth District Court of Appeal for California issued a unanimous published ruling on October 24th in the case of People v. Jackson, reversing the conviction of former San Diego dispensary operator Jovan Jackson and establishing a clear defense for Jackson and other medical marijuana providers similarly prosecuted in state court.


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Notably, however, the State Supreme Court took decisive action yesterday in the way that it did, despite requests to depublish the appellate court decision from the League of California Cities and an amicus brief supporting the High Court's review of the case from district attorneys in Los Angeles, Sacramento, and Sonoma Counties, as well as the Los Angeles City Attorney.

"Not only has the California Supreme Court rejected attempts to have it review the Jackson case, thereby affirming the legality of medical marijuana sales and distribution in the state, it also chose not to depublish this landmark ruling benefiting thousands of patients,"   said Joe Elford, Chief Counsel with Americans for Safe Access, who represented Jackson in his appeal.

"Even though the appellate court decision garnered significant opposition, patients have prevailed in their struggle to protect safe access to medical marijuana."

Jackson was convicted in September 2010 after being denied a defense in San Diego Superior Court.   However, yesterday's decision not to review his case now entitles Jackson, and, by extension, other California dispensary operators to a defense in state court.

By rejecting the Attorney General's argument that patients who utilize dispensaries must collaborate, or 'come together'  in 'some way'  to cultivate the marijuana they purchase, the appellate court ruling provided the elements for a defense in future jury trials across the state.

Specifically, the appellate ruling held that in mounting a defense at trial,  "Jackson was only required to produce evidence which would create a reasonable doubt as to whether the defense provided by the  [Medical Marijuana Program Act] had been established."   The court further held that,  "the collective or cooperative association required by the act need not include active participation by all members in the cultivation process but may be limited to financial support by way of marijuana purchases from the organization.   Thus, contrary to the trial court's ruling, the large membership of Jackson's collective, very few of whom participated in the actual cultivation process, did not, as a matter of law, prevent Jackson from presenting an MMPA defense."

ASA appealed Jackson's conviction in late 2011, and his case quickly became a symbol of the effort by San Diego District Attorney Bonnie Dumanis and other prosecutors across the state to criminalize storefront medical marijuana collectives.   However, today's decision by the High Court not to review the case deals a significant blow to that effort.

Jackson operated his storefront collective without incident until he was raided by law enforcement in 2008.   Jackson was tried for marijuana possession and sales in 2009, but was acquitted by a jury.   Dissatisfied with that result, District Attorney Dumanis tried Jackson again on the same charges stemming from a September 2009 law enforcement raid.

It was at his second trial that Jackson was denied a defense and ultimately convicted.   San Diego Superior Court Judge Howard Shore, who referred to medical marijuana as  "dope," and called California's medical marijuana laws "a scam,"   gave Jackson 180 days in jail, a sentence that was later vacated.










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Under the current FDA laws in the united States, it is illegal to make any medical claims for any health supplement or any other natural product.  Remember cultivation of Marijuana, use of Medical Marijuana, importation of marijuana seeds with the intention of growing Marijuana or using it is illegal in some countries and many states.  While Marijuana seeds, and other items associated with the use of Marijuana, are sold as souvenirs and shipped to any country in the world, your importation of the seeds could be considered a criminal offense for which there could be severe criminal consequences.  Check laws within your own country.

Medical Marijuana has been legal in numerous states within the united States for many years and recreational use of Marijuana is now legal in Washington and Colorado, since winning by initiative November 6, 2012.  The federal government of the united States still considers Marijuana a controlled substance and illegal in all states.  Laws change continuously and our intention is to stay abreast of all appropriate laws and provide a compilation of information for novelty purposes only, we do not intend to persuade, induce, intimate or condone anyone breaking any laws, nor does this information pertain to any other substance than Marijuana.

All information is for educational purposes only and is not intended to make any legal or medical claims, diagnose, treat, cure, prevent or mitigate any physical or mental condition, nor to prescribe any substance.  This site provides helpful information and is supported by compensation from quality advertisers and affiliate relationships.  This website is for educational purposes only, scientific or medical research and fun.  Cannabis is legal in about 30 countries.


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