Pubdate: Tue, 27 Dec 2011
Source: Tribune, The (San Luis Obispo, CA)
Copyright: 2011 The Tribune
Contact:  http://www.sanluisobispo.com/
Details: http://www.mapinc.org/media/391
Author: Nick Wilson

RALLY HELD AGAINST HANDLING OF CASES IN MARIJUANA BUSTS

A year after 12 were arrested, protesters in SLO argue the sting was
not necessary, aggravating for defendants and a waste of taxpayer money

One year after a group dubbed the "SLO 12" was arrested during an
undercover investigation into medical marijuana dispensaries, some
local activists are still fuming.

About 10 people gathered Tuesday morning outside San Luis Obispo
Superior Court on Monterey Street to protest the arrests.

They held signs supporting "safe access" to medical marijuana and
criticized the ongoing handling of the cases.

The bust has led to ongoing prosecutions they say are unnecessary,
draining for defendants and wasteful of taxpayer money.

They contend that those arrested were complying with Proposition 215,
the law passed by California voters in 1996.

The legislation exempts qualified patients and their primary
caregivers from criminal prosecution for possessing and cultivating
marijuana.

"A woman in the group arrested has been through 15 court appearances,
and her case still hasn't gone to trial," said Linda Hill, spokeswoman
for the San Luis Obispo Americans for Safe Access organization."They're
being worn out emotionally, physically and financially."

Of the 12 locals who were arrested, nine are still awaiting trial
since the one-year anniversary of the sting. Three of those arrested
were never charged by prosecutors.

Law enforcement officials say those arrested sold marijuana illegally
in violation of the state's Compassionate Use Act and Medical
Marijuana Program.

The details of how the marijuana was distributed, and whether the
state guidelines were followed, will likely be at the heart of the
battles in court.

The District Attorney's Office declined to comment on the protest
Tuesday, citing the absence of high-ranking officials this week.

The attorney general guidelines state that, once a collective is
formed, members may reimburse it for marijuana allocated to them.

But the reimbursement should only be enough to cover overhead costs
and operating expenses.

On Tuesday, medical marijuana advocate Rich Donald cited a September
case against medical marijuana defendants Deip Paul, a Cal Poly
student, and Kings County resident Steve Brown, alleging an illegal
transaction.

The case resulted in a not guilty verdict after a hard-fought trial.
Paul and Brown weren't connected with the sting operation last year.
"I think that case shows an attitude on the part of the jurors that
will be reflected in the SLO 12 cases pending now if they go to
trial," Donald said. "But I think the charges should be dropped
immediately.

"One of the protesters at Tuesday's rally said the prosecution has
cost him $10,000 in legal fees, taken away his business and led him to
take anti-depressants. He didn't want to be identified because of the
personal nature of his comments.

But the commander of the Narcotics Task Force who supervised the bust
said last year, "This is an illegal marijuana issue. There was nothing
medical about the marijuana we took," Rodney John said.
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MAP posted-by: Jo-D