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Marijuana dispensary case against two Vallejo men dismissed by judge

As medical marijuana becomes ever more common, the courts are attempting to sort out what the law is, and the type of police enforcement of these drug laws is permissible. A recent court ruling out of Vallejo involved a marijuana dispensary that was set up as a medical marijuana cooperative.

Police raided the shop in June and it closed. Two men were charged with the drug crimes of marijuana possession and sale, and operating an illegal dispensary. Solano County's prosecutor argued they failed to meet the definition of a cooperative. Their public defender claimed they had followed the law, properly maintained records on all members and paid all necessary taxes.

Interpretations of the relevant laws are evolving; with the defense relying on cases that membership of a cooperative is not limited and not all members need to be growers. The prosecution raised questions of whether the dispensary was a cooperative, but the statutory guidance is limited on this subject.

The Solano County Superior Court Judge dismissed all charges after a preliminary hearing finding that the operation was permitted as long as they complied with the Compassionate Use Act of 1996 and the Medical Marijuana Program Act.

The Times-Herald article noted that this was the second time the district attorney's office have lost an attempt to prosecute operators of a dispensary.

Given the unsettled nature of this area of law, if you have been charged with a drug crime involving medical marijuana, you need to speak with a defense attorney.

Source: Times-Herald, "Judge tosses two Vallejo marijuana dispensary raid cases," Tony Burchyns, December 28, 2012

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