THURSDAY, JANUARY 17, 2013
San Diego City Attorney Jan Goldsmith Refuses Closure of Medical Marijuana Dispensary Cases, Sends Misleading Letter to Litigants, Mayor and City Council
By Terrie Best, San Diego ASA Court Support Coordinator
Last week in a dramatic move, newly elected San Diego Mayor, Bob Filner presumably put an end to the investigation and persecution of medical cannabis dispensaries by the city’s Neighborhood Code Compliance. Additionally, Mayor Filner directed the City Attorney, Jan Goldsmith to drop twelve pending civil suits against medical cannabis dispensary operators for zoning code violations. These suits relied heavily on testimony from code enforcement officers and, by his own admission, without this testimony Goldsmith has no standing to pursue the cases.
Additionally, The California Supreme Court Ruled on Dispensary Ruling
California Supreme Court Denies Review of Medical Marijuana Case, Affirms Legality of Dispensaries
High Court also denied depublication of People v. Jackson despite request from League of California Cities
SAN DIEGO, CA — The California Supreme Court denied review yesterday of a landmark medical marijuana dispensary case, which drew widespread attention from prosecutors and policymakers across the state.
Jovan Jackson
The Fourth District Court of Appeal for California issued a unanimous published ruling on October 24th in the case of People v. Jackson, reversing the conviction of former San Diego dispensary operator Jovan Jackson and establishing a clear defense for Jackson and other medical marijuana providers similarly prosecuted in state court.
Notably, however, the State Supreme Court took decisive action yesterday in the way that it did, despite requests to depublish the appellate court decision from the League of California Cities and an amicus brief supporting the High Court’s review of the case from district attorneys in Los Angeles, Sacramento, and Sonoma Counties, as well as the Los Angeles City Attorney.
“Not only has the California Supreme Court rejected attempts to have it review the Jackson case, thereby affirming the legality of medical marijuana sales and distribution in the state, it also chose not to depublish this landmark ruling benefiting thousands of patients,” said Joe Elford, Chief Counsel with Americans for Safe Access, who represented Jackson in his appeal. “Even though the appellate court decision garnered significant opposition, patients have prevailed in their struggle to protect safe access to medical marijuana.”
Jackson was convicted in September 2010 after being denied a defense in San Diego Superior Court. However, yesterday’s decision not to review his case now entitles Jackson — and, by extension, other California dispensary operators — to a defense in state court. By rejecting the Attorney General’s argument that patients who utilize dispensaries must collaborate, or ‘come together’ in ‘some way’ to cultivate the marijuana they purchase, the appellate court ruling provided the elements for a defense in future jury trials across the state.
Link to The Daily Chronic full story.
