Pubdate: Thu, 06 Dec 2007
Source: Desert Sun, The (Palm Springs, CA)
Copyright: 2007 The Desert Sun
Contact: http://local2.thedesertsun.com/mailer/opinionwrap.php
Website: http://www.thedesertsun.com/
Details: http://www.mapinc.org/media/1112
Note: Does not accept LTEs from outside circulation area.
Author: Amy Blaisdell, City News Service
Bookmark: http://www.mapinc.org/find?115 (Cannabis - California)
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)

WILL DISPENSARY OWNER STAND TRIAL?

Judge Expected To Decide Friday If Felony Charges Will Stand For 3 Men

A Riverside County judge will decide on Friday whether three men 
accused of profiting from a former Palm Desert medical marijuana 
dispensary will stand trial on felony charges.

Stacy Hochanadel, who owned CannaHelp in Palm Desert, and managers 
James Campbell and John Bednar, all 31, contend they were running a 
legal medical marijuana business under Proposition 215 and Senate Bill 420.

The men are charged with multiple drug-related felonies, including 
possession of marijuana for sale and the transportation and sale of 
marijuana. Authorities also contend the trio profited from the business.

Under California law, marijuana can be sold only on a not-for-profit 
basis and on the recommendation of a physician.

Marijuana and financial records were seized at CannaHelp, 73-359 El 
Paseo, in December 2006 during a raid by the Riverside County 
Sheriff's Department.

Wednesday's testimony came on the last day of a preliminary hearing 
at the Larson Justice Center before Riverside County Superior Court 
Judge Eric G. Helgesen, who will decide on Friday if there is enough 
evidence to send the case to trial.

During cross-examination Wednesday by Aimee Larson, Campbell's 
defense attorney, sheriff's Investigator Robert Garcia testified that 
the dispensary's employees appeared to be trained and educated in 
medical marijuana and said that an undercover officer who twice 
purchased pot on the premises was given help by employees on the 
types of strains and quantities that would help his back problem.

Garcia agreed with Larson that the dispensary's actions were not 
indicative of what she called typical "street-level drug dealers."

During questioning, Garcia also agreed with Larson that in his 
experience, street-level drug dealers never told him they wished to 
educate themselves on medical marijuana for the benefit of others.

He also agreed that none ever had an agreement with a city like Palm 
Desert in order to dispense marijuana

Garcia testified that CannaHelp took several steps to ascertain 
proper medical marijuana patients and conceded that the first attempt 
by an undercover officer to buy pot in the dispensary failed because 
employees could not verify his physician's recommendation.

On Tuesday, Garcia testified that Hochanadel was operating a $1.6 
million business for profit.

But he admitted under cross examination that there was no way to 
verify salaries on a weekly basis and that he never investigated the 
dispensaries' other expenses, like utilities and rent.

Garcia said under cross-examination that the undercover agent who 
twice purchased marijuana from the dispensary did so with 
identification and a physician's note but did not have county 
identification cards.

At the end of Wednesday's hearing, Larson also argued Campbell's 
Miranda rights were violated and asked the judge to disallow any of 
his statements given to deputies during the Dec. 1, 2006, raid.
- ---
MAP posted-by: Jay Bergstrom