Saturday, April 5, 2008

Cannabis Dispensary Scores Victory

From the Desert Sun, California:

The criminal case against the owner and managers of a Palm Desert medical marijuana dispensary (CannaHelp) was dealt a setback Friday when a judge invalidated the search warrant used to investigate the defendants...


Riverside County Superior Court Judge David B. Downing said he looked at the facts carefully and concluded the three defendants were in compliance with the state's Compassionate Use Act, and that they were operating a "legitimate business."

He further concluded that the affidavit in support of the search warrant was flawed because Robert Garcia, the sheriff's investigator who prepared it - although familiar with drug cases - was not adequately trained in handling medical marijuana cases.

"He made mistakes in the affidavit the problem was he didn't have a clue about the Compassionate Use Act," Downing said.

He noted that police see people dealing drugs every day but rarely deal with medical marijuana.

He also said Garcia wrongly asserted the dispensary had made a $1.6 million profit because the investigator admitted under cross-examination that most of the money was used to buy more pot...

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