Pubdate: Tue, 06 May 2008
Source: Desert Sun, The (Palm Springs, CA)
Copyright: 2008 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
Bookmark: http://www.mapinc.org/find?115 (Cannabis - California)
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)
Bookmark: http://www.mapinc.org/topic/Dispensary (Dispensary)

JUDGE TOSSES CHARGES AGAINST POT DISPENSARY

A judge on Monday dismissed criminal charges against the former owner 
of a Palm Desert medical marijuana dispensary and his two managers, 
but prosecutors said they will appeal the ruling within 60 days.

Stacy Hochanadel, who owned the now-defunct CannaHelp, and his 
managers James Campbell and John Bednar, all 31, were arrested in 
December 2006 and charged with felony possession of marijuana for 
sale, transport and sale of marijuana and keeping a place to sell 
controlled substances.

Marijuana and financial records were seized at the dispensary, 73359 
El Paseo, during a raid by Riverside County sheriff's deputies.

However, Riverside County Superior Court Judge David B. Downing 
quashed a search warrant used by the sheriff's department to obtain 
evidence against the three men.

Downing said following his April 4 ruling that he had concluded the 
defendants were in compliance with the state's Compassionate Use Act 
and operating a "legitimate business."

Downing also concluded that the affidavit in support of the search 
warrant was flawed because Robert Garcia, the sheriff's investigator 
who prepared it, was not adequately trained in handling medical 
marijuana cases.

The judge said that Garcia wrongly asserted the dispensary made a 
$1.6 million profit. Garcia later acknowledged that most of the money 
was used to buy more marijuana and pay expenses.

During a trial readiness conference Monday, Deputy District Attorney 
Richard Cookson told Downing prosecutors were unable to proceed to 
trial due to lack of evidence.

The judge subsequently dismissed the criminal charges against the 
three men because "there is no evidence in this case. I suppressed it."

Outside court, Cookson said his office would appeal Downing's ruling 
with the 4th District Court of Appeal in Riverside within 60 days.

"They clearly broke the law," said the prosecutor, who added he felt 
confident the appellate court would rule in prosecutors' favor.

Cookson said the appeal would be a "lengthy process" and could take 
as long as 18 months.

The defendants contend they were running a legal medical marijuana 
dispensary under California law, which allows marijuana to be sold on 
a nonprofit basis to patients with a doctor's prescription, although 
it remains illegal under federal law.

During a preliminary hearing in December to determine if there was 
enough evidence to order the three defendants to stand trial, Garcia 
testified that an undercover officer purchased medical marijuana on 
the premises twice for what he said was a back problem.

However, he also said CannaHelp tried to comply with the law and that 
the dispensary refused to sell to the first undercover officer who 
tried to purchase marijuana because the employees could not verify 
his doctor's prescription.

Garcia also conceded that the defendants never tried to hide their 
business from law enforcement and that it would be unfair to compare 
them to street-level drug dealers.

Following Monday's hearing, Hochanandel's attorney, Ulrich McNulty, 
said his client had an "excellent shot" during appeal because the 
affidavit in support of the search warrant lacked probable cause, and 
the sheriff's investigator who prepared it did not qualify as an 
expert on medical marijuana.

Bednar's attorney Phil La Rocca said last week the three men were 
willing to take the case to the California Supreme Court if necessary.
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MAP posted-by: Jay Bergstrom