Judge tosses two Vallejo marijuana di...

Judge tosses two Vallejo marijuana dispensary raid cases

Posted in the Vallejo Forum

Anonymous

Vallejo, CA

#1 Dec 21, 2012
Judge tosses two Vallejo marijuana dispensary raid cases
Ruling regarding state law may affect other pending prosecutions
http://www.timesheraldonline.com/news/ci_2223...

Two Vallejo dispensary operators charged with illegally selling marijuana had their cases thrown out by a judge Thursday.

The cases involved the embattled Better Health Group collective, which was raided by Vallejo police in February, March and June. The dispensary at 3611 Sonoma Blvd. was shut down after a third raid on June 22.

Defendants Jorge Espinoza, 25, and Jonathan Linares, 22, both of Vallejo, had been charged with marijuana possession and sale, and operating an illegal dispensary.

But visiting Solano County Superior Court Judge William Harrison dismissed all charges following a preliminary hearing held Wednesday at the Vallejo courthouse.

After the ruling, Harrison said that while not everyone sees eye to eye on the law, dispensaries that comply with the Compassionate Use Act of 1996 and the Medical Marijuana Program Act are allowed to operate.

"Our Legislature has said you can have this kind of business if you do it right," Harrison said. "I don't think there is sufficient evidence that Jorge Espinoza has committed a crime."

Afterward, Solano County Deputy Public Defender Cheryl McLandrich, who represented Linares, said the court "did the right thing."

"We are pleased with the court's ruling," McLandrich said. "These gentlemen were paying taxes and attempting to comply with state law in running their cooperative. It would have been a waste of taxpayer time and resources for the court to have bound them over for trial."
sam plays VPDs skin flute

Concord, CA

#2 Dec 21, 2012
And yet another court loss for VPD that may cost the city millions. Thank you Chief Nic for your incredible incompetence.

(t)urd enragement!
hate them all

Vallejo, CA

#3 Dec 21, 2012
had the council elected to shut them all down pending discussion of rules for an ordinance, the raids would have stopped. thank you gomes, brown, and sampayan you mean?
Im No Expert

Vallejo, CA

#4 Dec 21, 2012
hate them all wrote:
had the council elected to shut them all down pending discussion of rules for an ordinance, the raids would have stopped. thank you gomes, brown, and sampayan you mean?
Correct.
sam plays VPDs skin flute

Concord, CA

#5 Dec 21, 2012
By a remarkable coincidence had chief nic let the feds enforce federal laws and not got involved like the city of Oakland, there would be no court case.

LOL!

(t)urd enragement!
Im No Expert

Vallejo, CA

#6 Dec 21, 2012
sam plays VPDs skin flute wrote:
By a remarkable coincidence had chief nic let the feds enforce federal laws and not got involved like the city of Oakland, there would be no court case.
LOL!
(t)urd enragement!
By even greater superseding facts, had we closed them all down until we framed an ordinance, the raids would have stopped. By the way idiot, the DEA was in fact involved. What the hell is the matter with you anyway?
sam plays VPDs skin flute

Concord, CA

#7 Dec 21, 2012
Im No Expert wrote:
<quoted text>By even greater superseding facts, had we closed them all down until we framed an ordinance, the raids would have stopped. By the way idiot, the DEA was in fact involved. What the hell is the matter with you anyway?
If the DEA was involved then why did VPD get involved? Chiefy Nics hard on for pot dispensaries got the best of upper brain.

LOL!

(t)urd enragement!
lawsuit

Sacramento, CA

#8 Dec 21, 2012
I hear this isnt the only case that will be droped and that the city is in for a big payout 5 clubs at a million a piece
A Thought

Vacaville, CA

#9 Dec 21, 2012
Rumor: Nic headed to OPD as acting chief
hate them all

Vallejo, CA

#10 Dec 21, 2012
lawsuit wrote:
I hear this isnt the only case that will be droped and that the city is in for a big payout 5 clubs at a million a piece
great! they should start selling that weed so our measure c tax money can be used to pay them.
hate them all

Vallejo, CA

#11 Dec 21, 2012
we will also have a ton of money from not having to pay so many police by summer. what a bonanza for the dope trade!
turd

Sacramento, CA

#12 Dec 21, 2012
hate them all wrote:
<quoted text>great! they should start selling that weed so our measure c tax money can be used to pay them.
I think well need more than measure C Money stupid cops stop wasting our resources
hate them all

Vallejo, CA

#13 Dec 22, 2012
according to another article on this, only half the existing shops are paying up. we have no rules, that is the common thread in this trade. too bad we will lose our ass with lawsuits, but a vote to close them all down pending rules development was rejected by gomes, brown, and sampayan. robert mcconnell had the good sense to vote to close them all so we could draft rules, with transparency and dialogue from the community, only sunga was off that night and the effort collapsed. don't put all the blame on the police.
hate hate hate

Vallejo, CA

#14 Apr 12, 2013
long before a vote ever came about, long before any raids... in a town, poorer than dirt and managed like a twelve year old's candy fund, dispensary operators and activists within the medical marijuana community reached out to the city council, and local authorities, to pass some regulations, including zoning and permitting and taxation... their requests to be taken seriously were ignored by the council, and authorities, as our powers that be pushed to silence the outspoken majority of citizens in vallejo who want rational cannabis policy. those requests to be heard turned into offers to fund the investigations, provide legal counsel, and basically do all the legislative work required for the council. this too, fell on somewhat deaf ears. the idea for a business license tax came about, and it was proposed that signatures be gathered. taking things into their own hands, the activists started this process, only to later learn that they did have some support from the more rational, financially sound members of council. even better yet, some council members aren't bigoted, blind, closed minded individuals, and they turned out to later support what was to become the highest tax on marijuana in the world, as well as securing safe access to medicine for the patients in Vallejo. This measure, when presented to voters, won by the largest margin Vallejo may have ever seen. This measure was also passed in a midterm election, which is notable because most of the voting population in midterm elections is older, more conservative, and tend to vote regularly. later, long after taxes were received, licenses issued, businesses developing well, etc. only then did our police decide to conduct these illegal raids. THEN, long after many lives were ruined, private property illegally seized from sick patients and legal members of collectives, and fear struck into law-abiding citizens with absolte brute force and thuggery... THEN our council decided to vote on whether or not to issue cease and desist orders to the collectives - probably after many warnings of potential litigation and great losses to the city. Why Osby chose that night for his vote, without his complete blue-wall voting block, is beyond me. Maybe he wanted to have his cake and eat it too, or maybe he thought a cease and desist order would open Vallejo up for lawsuits similar to those seen in southern California. Who knows, but either way - this entire fiasco could have been prevented if there was more willingness to work with local businesses instead of targeting them for removal, and if there had been some accountability within the police department. i certainly hope we have all learned our lesson, because surely any more attacks on law abiding medical cannabis patients will result in even larger, potentially class-action lawsuits against the city. It's a shame that a tax that could have helped us out of bankruptcy, was collected, ignored, and while this tax is being collected, a vigilante police department acting under their own authority, decides to remove that tax revenue, and at the same time open the city up to millions of dollars in lawsuits... then they complain that we should spend more on police officers... how many could we have afforded with measure c funds? and more importantly, how many will we lose on account of this thunderf*ck of a mistake when we are paying out those lawsuits?
too bad stoner

Vallejo, CA

#15 Apr 12, 2013
man, are you high now? i hope you go broke, i will still get paid. how's that?
too bad stoners

Vallejo, CA

#16 Apr 12, 2013
scare tactics, nobody is going to sue, bioya!
Wanglow

Vallejo, CA

#17 Apr 13, 2013
Look at the social, economic, educational developments, property values and cri8minal activity of the towns that prohibit this scourge and compare them to Vallejo; Any connection?
the connection

Vallejo, CA

#18 Apr 14, 2013
is that they don't pay exorbitant salaries to people with no accountability, and they haven't been ruled by the same political interests for decades. i'm pretty sure all the facets of quality of life you have listed have always been poorer in VJO than the surrounding areas. scare tactics, indeed. i wonder what the quality of the property returned is, and how much is missing. if a judge orders that property back, and any of it is missing or damaged, unless the police agree to pay for the losses, will likely result in a lawsuit, but that is my unprofessional assessment. maybe we ought to consult claudia quintana?
morgan hannigan

San Leandro, CA

#19 Oct 4, 2014
Awesome, just awesome.

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