San Andreas resident Jay Smith, 37, faces charges of sales, cultivation and possession of marijuana, according to Deputy District Attorney Seth Matthews.
Matthews said that in preliminaries, all the judge needs to determine is whether there is probable cause.
Judge James Cadle, a retired judge from San Joaquin County, found there was cause to move forward with the charges against Smith.
A sting operation resulted in the arrest of Smith Jan. 4 in the Valley Oaks Center parking lot in Valley Springs.
Smith claims he was legally operating a medical marijuana collective in compliance with California state law.
He said that he spent months in legal preparation before starting the medical marijuana collective, K Care Alternative Collective, in order to make sure it was operating legally.
The Calaveras County Sheriff’s Office did not agree with the legality of the operation and after a lengthy period of communication between Smith and an undercover detective who was posing as a legal patient with a valid doctor’s recommendation, the Sheriff’s Office executed the sting operation.
Before being arrested, Smith had the undercover deputy sign an agreement, which made him a member of K Care Collective and then the deputy paid Smith $270 for 1 ounce of marijuana.
“My plan is to go to trial and continue to educate Calaveras County on the law,” Smith said. “Am I going to quit? Hell no.”
Smith will return at 9 a.m. June 7 in Department 1 for arraignment on information.
Source: Calavera Enterprise
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