Volcano
Bluelighter
- Joined
- Mar 2, 2009
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Tuesday, April 13, 2010
Calaveras Reefer Madness Continues
The Calaveras Enterprise has reported that San Andreas resident and medical marijuana patient Jay Smith is facing Marijuana possession, cultivation, and distribution charges after a sting led to Smith's Arrest. Smith, a Medical Marijuana patient, along with Larry and Michelle Bridges formed a collective known as K Care, going to great lengths to ensure compliance with the law. Deputies in the Calaveras drug task force, CNEU "borrowed" the identity another Calaveras resident and medical marijuana patient (currently facing unrelated charges) Robert Shaffer and used Shaffer's identity and legitimate medical marijuana recommendation to attempt membership with the K Care collective. After CNEU made initial contacts, K Care began the process of attempting to verify "Shaffer's Prop 215 card". After several attempts over a period of a few weeks, the deputy grew impatient sending urgent emails such as “Call back ASAP ... only have two bowls left.” Smith responded that the collective must wait until their recommendation is verified before membership granted. Finally, K Care confirmed the recommendation and a small deal was arranged for the purchase of one ounce of medicinal cannabis, well under the legal limit of 8 ounces of bud.
At the meeting, conducted in the supermarket parking lot in Valley Springs, Smith presented the deputy with documents sign to join the collective. The paperwork complete and the deal made, one ounce for $270, deputies swooped in for the arrest.
Calaveras Enterprise reports that Ean Vizzi, Smith's lawyer from San Francisco stated that his client's actions were in compliance with California law and that his client was wrongfully arrested. Vizzi added that the District Attorney's Office may not be aware of the laws that apply to collectives.
The collective had only one other member at the time of the arrest. The collective was in possession of 2 pounds of cannabis and about 20 clones. Calaveras County Sheriff Dennis Downum said that law enforcement officers can take great liberty with their actions in the course of an investigation.
Sheriff Downum explained the policy of using another county residents identity without permission "Some people might just say we lie,” Downum said. “It is very appropriate for people to use a ruse. It can never cross the line where we are breaking the law to go arrest somebody for breaking the law.” Downum did add that the courts have ruled such actions appropriate in large federal cases.
In Smith's case, Downum said it sounded to him like Smith was executing a drug deal in a parking lot and nothing more.
“Quite frankly, it doesn't sound like he was any part of a collective,” Downum said. “With a collective there has to be a relationship of some sort. It can't be meeting somebody in a parking lot. In our opinion, you're just selling drugs.”
Jay Smith has refused all plea offers and is confident that he and his lawyer will prove that the collective was operating legally.
As has been reported, Sheriff Dennis Downum is an outspoken critic of Medical Marijuana and the proposition passed by voters nearly 15 years ago. Recently, news was broken regarding the raid on Medical Marijuana patient and county coroner, Kevin Raggio. This resulted in closed door meetings and a proposal by the sheriff to absorb the county coroner position. K Care had the potential to be Calaveras' only dispensary. In 2004 the board of Supervisors approved dispensary regulations and San Andreas resident Kim Cue was set to open; however, she changed her mind under questionable circumstances. As it is now, seriously ill patients must either grow their own, obtain their medicine through unregulated and possible illicit sources, or travel 70-100 miles to get to a dispensary.
More can be found at the enterprise website here
http://calaverasenterprise.com/articles/2010/04/13/top_story/top01_marijuana.txt
Source: http://calaverascannabis.blogspot.com/2010/04/calaveras-reefer-madnes-continues.html
Calaveras Reefer Madness Continues
The Calaveras Enterprise has reported that San Andreas resident and medical marijuana patient Jay Smith is facing Marijuana possession, cultivation, and distribution charges after a sting led to Smith's Arrest. Smith, a Medical Marijuana patient, along with Larry and Michelle Bridges formed a collective known as K Care, going to great lengths to ensure compliance with the law. Deputies in the Calaveras drug task force, CNEU "borrowed" the identity another Calaveras resident and medical marijuana patient (currently facing unrelated charges) Robert Shaffer and used Shaffer's identity and legitimate medical marijuana recommendation to attempt membership with the K Care collective. After CNEU made initial contacts, K Care began the process of attempting to verify "Shaffer's Prop 215 card". After several attempts over a period of a few weeks, the deputy grew impatient sending urgent emails such as “Call back ASAP ... only have two bowls left.” Smith responded that the collective must wait until their recommendation is verified before membership granted. Finally, K Care confirmed the recommendation and a small deal was arranged for the purchase of one ounce of medicinal cannabis, well under the legal limit of 8 ounces of bud.
At the meeting, conducted in the supermarket parking lot in Valley Springs, Smith presented the deputy with documents sign to join the collective. The paperwork complete and the deal made, one ounce for $270, deputies swooped in for the arrest.
Calaveras Enterprise reports that Ean Vizzi, Smith's lawyer from San Francisco stated that his client's actions were in compliance with California law and that his client was wrongfully arrested. Vizzi added that the District Attorney's Office may not be aware of the laws that apply to collectives.
The collective had only one other member at the time of the arrest. The collective was in possession of 2 pounds of cannabis and about 20 clones. Calaveras County Sheriff Dennis Downum said that law enforcement officers can take great liberty with their actions in the course of an investigation.
Sheriff Downum explained the policy of using another county residents identity without permission "Some people might just say we lie,” Downum said. “It is very appropriate for people to use a ruse. It can never cross the line where we are breaking the law to go arrest somebody for breaking the law.” Downum did add that the courts have ruled such actions appropriate in large federal cases.
In Smith's case, Downum said it sounded to him like Smith was executing a drug deal in a parking lot and nothing more.
“Quite frankly, it doesn't sound like he was any part of a collective,” Downum said. “With a collective there has to be a relationship of some sort. It can't be meeting somebody in a parking lot. In our opinion, you're just selling drugs.”
Jay Smith has refused all plea offers and is confident that he and his lawyer will prove that the collective was operating legally.
As has been reported, Sheriff Dennis Downum is an outspoken critic of Medical Marijuana and the proposition passed by voters nearly 15 years ago. Recently, news was broken regarding the raid on Medical Marijuana patient and county coroner, Kevin Raggio. This resulted in closed door meetings and a proposal by the sheriff to absorb the county coroner position. K Care had the potential to be Calaveras' only dispensary. In 2004 the board of Supervisors approved dispensary regulations and San Andreas resident Kim Cue was set to open; however, she changed her mind under questionable circumstances. As it is now, seriously ill patients must either grow their own, obtain their medicine through unregulated and possible illicit sources, or travel 70-100 miles to get to a dispensary.
More can be found at the enterprise website here
http://calaverasenterprise.com/articles/2010/04/13/top_story/top01_marijuana.txt
Source: http://calaverascannabis.blogspot.com/2010/04/calaveras-reefer-madnes-continues.html
