Pubdate: Tue, 07 Sep 2010
Source: Calaveras Enterprise (CA)
Copyright: 2010 Calaveras Enterprise
Author: Joel Metzger


Judge John E. Martin ruled Aug. 25 that there was enough evidence to 
go to trial in a case against a San Andreas man who tried to start a 
medical marijuana collective.

Jay Smith, 37, faces felony charges of sales, cultivation and 
possession of marijuana, according to Calaveras County Deputy 
District Attorney Seth Matthews.

Smith was arrested as part of a sting operation executed Jan. 4 in 
the Valley Oaks Center parking lot in Valley Springs. Smith claims he 
was legally operating a medical marijuana collective in compliance 
with California state law when he sold an ounce of marijuana to an 
undercover deputy.

He said he spent months in legal preparation before starting the 
medical marijuana collective, K Care Alternative Collective, in order 
to make sure it was operating legally.

The Calaveras County Sheriff's Office did not agree with the legality 
of the operation and after a lengthy period of communication between 
Smith and an undercover detective who was posing as a legal patient 
with a valid doctor's recommendation, the Sheriff's Office executed 
the sting operation.

Before being arrested, Smith had the undercover deputy sign an 
agreement that made him a member of K Care Collective and the deputy 
paid Smith $270 for 1 ounce of marijuana.

Smith's lawyer, Ean Vizzi, and Matthews have differing 
interpretations of the law regarding the legality of the defendant's actions.

In previous interviews, Smith expressed his resolve to fight the 
charges to the end.

"My plan is to go to trial and continue to educate Calaveras County 
on the law," Smith said. "Am I going to quit? Hell no."

Smith will appear in Department 1 of the Calaveras County Superior 
Court at 9 a.m. Friday, Sept. 10, for trial setting.
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