Pubdate: Fri, 09 Oct 2009
Source: North County Times (Escondido, CA)
Copyright: 2009 North County Times
Contact: http://www.nctimes.com/app/forms/letters/index.php
Website: http://www.nctimes.com
Details: http://www.mapinc.org/media/1080
Author: Teri Figueroa
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)

MEDICAL POT PROVIDER PLEADS NOT GUILTY

'I Am Not A Criminal,' Says Accused Vista Man

The only North County man to face federal drug trafficking charges
after authorities raided medical marijuana dispensaries in San Diego
County last month pleaded not guilty Thursday to a new set of
conspiracy and drug-related charges.

James Dean Stacy already had pleaded not guilty to federal charges
accusing him of selling marijuana to an undercover officer who posed
as a patient in Stacy's medical marijuana dispensary in Vista.

But on Thursday, federal prosecutors in San Diego replaced the three
old charges with three new ones: conspiracy to grow and distribute
marijuana; growing marijuana; and possession of a gun in furtherance
of a drug trafficking crime.

The old charges could have brought Stacy up to five years in prison.
It was unclear Thursday how much time Stacy could face if convicted of
the new charges.

On Thursday morning, while waiting for the case to be called in a busy
federal courtroom, Stacy's wife reached over and squeezed his hand.
Moments later, the 45-year-old man stood before the judge to plead not
guilty to the new charges.

Dressed in a gray pinstriped suit, the Vista man had no comment as he
left the courtroom. Later, on a street near the courthouse, he simply
said, "I am not a criminal."

Stacy is one of two men, and the only one from North County, to face
federal drug charges after authorities raided 14 pot dispensaries
countywide last month and arrested more than 30 people.

Stacy was arrested after authorities searched his dispensary, Movement
in Action, on South Santa Fe Avenue in Vista on Sept. 9.

The day after the raids, San Diego County District Attorney Bonnie
Dumanis said undercover agents had investigated cannabis clubs across
the county for five months, and found that many served as for-profit
businesses, selling everything from marijuana-laced cookies to
dispensary T-shirts and caps.

In 1996, California voters approved Proposition 215, which approved
use of the drug for medicinal purposes. But there are fuzzy lines and
gray areas about what is legal and what is not.

As the brief hearing got under way inside the courthouse, more than a
dozen of Stacy's supporters rallied outside the building, waiving
signs in favor of the use of medical marijuana.

"This case is a threat to the basic core of the proposition," said
supporter Dion Markgraaff of Vista.

Under state law, medical marijuana cooperatives must operate as
nonprofit businesses. They may sell medical marijuana only to members
of their cooperatives once those individuals have received a
recommendation for the herb from a licensed physician.

The raids were a joint operation between federal, county and local law
enforcement authorities.

It is unclear why Stacy's case is being handled in federal court, his
attorney said Thursday.

"We don't know why the federal government has gotten involved,"
defense attorney Kasha Castillo said.

Stacy is due back in court on Nov. 20 to set a trial date. 
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