NEWS: VISTA: Judge nixes defense in medical marijuana case

A Vista man who ran a medical marijuana dispensary cannot argue to a jury that he believed the federal government was OK with shops selling the herb to sick people, a federal judge decided.

The July 12 written ruling is a blow to defendant James Stacy, 46, who has argued he took public statements by officials, including President Barack Obama and U.S. Attorney General Eric Holder, as a green light to open up shop in June 2009, so long as he followed California's medical marijuana law.

U.S. District Judge Barry Ted Moskowitz rejected that argument, finding "no evidence that defendant reasonably believed that a government agent authorized him to engage in illegal acts."
He said Stacy should have called federal prosecutors to gauge the legality of the operation before opening up shop.

Stacy's now-defunct medical marijuana store on South Santa Fe Avenue was one of 14 San Diego County shops raided by local and federal authorities on Sept. 9, 2009. A search of the Vista shop turned up eight dozen marijuana plants and a semiautomatic gun.

Moskowitz's ruling leaves Stacy with little defense at his trial, set to start Aug. 30. He faces three counts of illegal drug sales, as well as charges of growing it, intending to sell it, and possessing a gun in furtherance of his operation.

In the 14-page ruling, the judge said Stacy "selectively picks and chooses statements" on which to rely.

The judge pointed to one news story ---- one of those on which Stacy said he had relied ---- in which Holder said federal prosecutors would not put great effort into chasing low-level medical marijuana cases.

Moskowitz noted that the news story went on to say that federal authorities still had the power to arrest and prosecute marijuana users and sellers if they chose to.

"Apparently, Defendant chose to ignore these portions of the article," Moskowitz wrote.
Moskowitz also said Stacy cannot raise any medical marijuana defenses to the jury, including arguments over whether the dispensary was legal under California law.

He barred Stacy from presenting philosophical arguments, including whether marijuana should be legal, whether it has legitimate medicinal value and whether providing it to patients was humanitarian.

Source: North County Times