For the second time in less than one year, Jovan Jackson is on trial facing allegations of illegally selling marijuana for profit in connection with his operation of Answerdam Alternative Care, a marijuana dispensary collective. Jackson was previously acquitted of charges in December of 2009. The allegations stem from an undercover drug buys conducted in the summer of 2008.
Before the trial began, the judge ruled that the "medical marijuana" defense would not apply in Jackson's case. The medical marijuana defense, under California law, protects from prosecution the members of a collective when the main purpose of the collective is to cultivate marijuana, not distribute marijuana. The judge ruled that there was "insufficient evidence" showing that the main purpose of Answerdam was cultivation.
Jackson's defense is that, while running Answerdam, he was following the medical marijuana laws of California, doing everything "by the book."
California's Medical Marijuana Law
California is one of a handful of states that has legalized marijuana for medicinal purposes. However, the distinctions between marijuana that is grown for medicinal purposes and marijuana that is grown for illicit purposes have been blurred. According the Drug Enforcement Agency (DEA), local and state law enforcement agencies struggle to distinguish the medicinal from illicit marijuana grows.
Along with the blurred lines, the state of California gives the regulation of cultivation and distribution to local authorities. So, in California, each county is able to establish the number of plants that are allowed to be grown for medicinal purposes and to regulate the distribution process.
With all of the confusion and the numerous different laws surrounding medicinal marijuana, it is possible for Californians who are doing everything "by the book" to be caught up in the confusion and to face possession and/or distribution allegations.
Proposition 19
California voters have the opportunity to vote for the legalization of marijuana in November. Proposition 19 would make it legal for those 21-years old and older to possess up to an ounce of marijuana for personal use. A garden, no bigger than 25-square feet, on private property used for the growing of marijuana would also be allowed under Proposition 19.
The California government estimates that around $1.4 billion in revenues could be raised from taxing legal marijuana.
If you have been arrested for possession or distribution of marijuana or another drug, seek the counsel of an experienced criminal defense attorney.
