Pubdate: Tue, 13 Mar 2012
Source: San Bernardino Sun (CA)
Copyright: 2012 Los Angeles Newspaper Group
Contact:  http://www.sbsun.com/
Details: http://www.mapinc.org/media/1417

MARIJUANA DISPENSARY IN UPLAND RAIDED BY DEA

UPLAND -- The federal Drug Enforcement Administration served a search 
warrant Monday at G3 Holistic Inc., a medical marijuana dispensary 
that has been at odds with the city for the past couple of years.

DEA officials said they seized at least 25 pounds of marijuana and 89 
pounds of edible products containing marijuana, according to the DEA.

No arrests were made.

DEA spokeswoman Sarah Pullen confirmed that the search warrant had 
been issued at G3 and that the federal agency has been working with 
the state Attorney General's Office.

G3 President Aaron Sandusky said law enforcement officers also took 
security camera equipment and raided a safe as well as an ATM from 
the second floor facility at 1710 W. Foothill Blvd.

Law enforcement "is acting like a terrorist organization," Sandusky said.

DEA officials came into the dispensary with guns drawn about 9:30 
a.m., he said.

"I had four patients in here, and they were all handcuffed and 
interviewed," Sandusky said.

Law enforcement officials were seen leaving the facility at 11:30 
a.m. with evidence bags filled with marijuana.

Paul Chabot, founder of Inland Valley Drug Free Community Coalition, 
said G3 Holistic has been blatantly disregarding the will of the community.

"I don't think anyone should be surprised by this action," Chabot 
said. "This business is in federal law violation from Day One, and we 
are glad to see the DEA come into the Inland Empire."

Federal law prohibits medical marijuana, but California voters 
approved the use of the drug for medical purposes in 1996.

Sandusky said it was unfortunate that the state allows the DEA to act 
in a reckless manner against the people's will and tax-paying organizations.

"The DEA to me is more interested in acting like a political 
enforcement agency than a drug enforcement agency," Sandusky said.

"It is unfortunate that they continue to steal from the people of the 
community."

The Upland Police Department was aware of the warrant and provided a 
uniform presence during the raid for security purposes, according to 
police officials.

During the raid, law enforcement officers questioned two men on the 
first floor of the two-story building. Officers had handcuffed one of 
the men, but the cuffs were later removed.

Sergio Munez, 50, of Ontario was one of the two men who were being 
questioned by police as he was sitting in his car near G3.

"I'm clean. I have no record," said Munez, who was not handcuffed. 
"I'm not scared. I've got nothing to hide. They asked if I was a 
customer, and I said, 'A customer of what?"'

Christopher Kenner, a member of G3, said he has been speaking with 
fellow patients about the raid.

"We're going to let patients come in and talk to them and decide what 
we want to do," Kenner said. "As far as I'm concerned, all the 
patients I've talked to, we're backing Aaron."

Kenner said he is trying to gather patients together to keep the co-op open.

"It is a co-op. The patients run the business," Kenner said. "If we 
say this is too much, then it's over, which I don't see anybody doing 
that. Everyone I talked to is upset and ready to go out and do 
something about it."

The battle between Upland and G3 will soon find its way to the state 
Supreme Court. Upland's zoning ordinance prohibits medical marijuana 
dispensaries.

On Jan. 6, the city took the co-op to court on the belief it was open 
in violation of an injunction granted in August 2010 by the West 
Valley Superior Court in Rancho Cucamonga.

G3 appealed the injunction to the Fourth District Court of Appeals in 
Riverside. The Appellate Court in June granted a stay on the 
injunction allowing G3 to remain open pending the resolution of the appeal.

[sidebar]

Here's a rundown of some of the notable rulings as well as actions 
from past few years:

November: G3 Holistic opens at 1710 W. Foothill Blvd. in Upland.

August: G3 closed due to injunction granted by West Valley Superior 
Court in Rancho Cucamonga on behalf of Upland. The city's zoning 
ordinance bans medical marijuana dispensaries.

September: G3 appeals injunction in Fourth District Court of Appeals 
in Riverside.

February: G3 files claim with city accusing former Mayor John 
Pomierski of extortion. According to the allegation, Pomierski tried 
to extort money from G3 President Aaron Sandusky in exchange for 
allowing G3 to operate.

March 2: Pomierski indicted on federal extortion charges. He is 
accused of extorting money from two Upland businesses, Chronic 
Cantina and quite possibly G3.

June 20: Court of Appeals grants stay on the injunction until G3's 
case is heard in court.

July 3: G3 reopens.

Nov. 1: G3 is raided by the DEA and then closes because of the 
confiscation of its medical marijuana and payroll.

Nov. 2: Arguments regarding G3 heard in Court of Appeals.

Nov. 9: Court of Appeals rules in favor of city's injunction based on 
zoning ordinance that bans dispensaries.

Dec. 12: G3 attorneys files appeal with state Supreme Court.

Dec. 30: G3 reopens under the interpretation that the stay granted by 
the Court of Appeals is in effect since Sandusky is appealing through 
the state Supreme Court.

Jan. 6: Upland officials takes G3 to West Valley Superior Court on an 
ex parte hearing to determine whether they can remain open per the 
Court of Appeals' stay. Judge Barry Plotkin decides to further review 
his jurisdiction and the Court of Appeals' stay.

Jan. 9: Upland files motion with Court of Appeals to dissolve the 
stay granted in June.

Jan. 10: G3 attorney sends letter to Court of Appeals.

Jan. 17: Court of Appeals returned city's motion to dissolve the stay.

Jan. 18 : State Supreme Court grants review of the appeal.

Jan. 19: G3 and the city return to West Valley Superior Court. Judge 
Barry Plotkin rules in favor of G3 because the case was taken by the 
state Supreme Court.

March 12: Drug Enforcement Administration agents raid G3 in Upland 
and seize medical marijuana.
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MAP posted-by: Jay Bergstrom