Justices Say Facility Operator Implicated in Multiple Incidents of Illegal Activity Not a ‘Primary Caregiver’
The Court of Appeal for this district has upheld an order shutting down a medical marijuana dispensary that straddles the Los Angeles/Culver City boundary.
Div. Two yesterday ordered publication of a March 26 opinion by Justice Victoria Chavez. The panel said Jeffrey K. Joseph, who represented himself, presented no evidence that would have entitled him to a trial in the nuisance abatement action brought by the city attorneys of both cities, so summary judgment and a permanent injunction were properly granted.
Los Angeles Superior Court Judge Michael Johnson, who issued the injunction, that Joseph had no defense under Proposition 215 or the Medical Marijuana Program Act. The injunctions prohibits Joseph and Organica from unlawfully selling, serving, storing, keeping, manufacturing, or giving away controlled substances, including marijuana, anywhere in Culver City or the City of Los Angeles, and from using Organica, Inc.’s business license and tax registration certificate to engage in such activities anywhere in Culver City or the City of Los Angeles.
Johnson also granted judgment for $325,829.75, consisting of $130,000 in civil penalties, $88,165 in attorney fees, $106,549.75 in investigative costs, and $1,115 in court fees.
Multiple Incidents
Chavez, writing for the Court of Appeal, noted that Joseph and the clinic, called Organica, had a history of involvement with illegal drugs. She cited 13 incidents that occurred between 2008 and 2010, including purchases of marijuana by undercover officers; the discovery of marijuana, along with other illegal drugs, in searches by the Drug Enforcement Administration; several police stops of vehicles near the clinic, resulting in seizure of illegal drugs, which the occupants said they obtained at Organica; and a traffic stop in Riverside in which Joseph was found in possession of psilocybin, hashish, and brownies believed to contain marijuana, and a passenger was found in possession of cocaine.
The MMPA, Chavez wrote, protects the cultivation of marijuana for medical purposes. “It does not cover dispensing or selling marijuana,” nor does it permit a clinic to operate for purposes of profit.
‘Primary Caregiver’
A “primary caregiver,” the jurist acknowledged, may collect reasonable expenses incurred in providing marijuana to qualified medical marijuana patients. But Joseph failed to qualify, she said, because he presented no evidence that any patron had designated him their caregiver, that he had assumed responsibility for the wellbeing of any of them, or that Organica had a license to operate as any kind of health or care facility.
The vast majority of patients, the justice further noted, came from outside the area in which it operated.
It was also clear from the evidence, Chavez wrote, that Organica was being used by Joseph to conduct illegal activities.
The jurist explained:
“On multiple occasions, undercover law enforcement officers purchased marijuana at Organica’s premises. Menus listing the varieties and prices of marijuana available for sale were prominently displayed at the premises. An officer observed Joseph assisting an Organica customer with a purchase. In three separate warranted searches of Organica’s premises, law enforcement officers recovered 155.1 kilograms of marijuana, 698 marijuana plants, 488.9 gross grams of marijuana seeds, 43.9 gross grams of marijuana cigarettes, 22.8 kilograms of various edible products containing marijuana, and large amounts of cash.”
Attorneys for the plaintiffs on appeal included Los Angeles Assistant City Attorney Asha Greenberg, Los Angeles Deputy City Attorney Anh Truong, Culver City City Attorney Carol A. Schwab, and Culver City Deputy City Attorney Lisa A. Vidra.
The case is People ex rel. Trutanich v. Joseph, B232248.
Source: Metropolitan News
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Showing posts with label culver city. Show all posts
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Thursday, April 19, 2012
Thursday, August 12, 2010
NEWS: Medical Marijuana Dispensary Preliminary Hearing Postponed
After a lengthy discussion, Judge Hilleri G. Merritt gave Joseph's attorney until September 16 to collect the remaining financial records on all the raids to the collective. A preliminary hearing will be set within 30 days from that date.
Jeffrey Keith Joseph is facing 24 drug-related felony counts in connection with Organica, his medical marijuana collective, on the border of Culver City and Los Angeles. He pleaded not guilty in February to charges that included money laundering, possession of marijuana for sale and the illegal sale of it.
After two raids by Los Angles police and federal authorities, Los Angeles County Superior Court Judge James C. Chalfant ordered it closed in April.
Stephen Fich, Joseph's attorney, said it's essential for the defense to be prepared for the preliminary hearing.
"Our position is, if you put a medical marijuana defense on a prelim, it should shift the burden to the prosecution to prove beyond a reasonable doubt that it wasn't medically related," he said.
If the prosecution cannot show strong suspicion, or evidence to Joseph's charges before the judge, the trial could be dismissed.
Read more Patch coverage on the case here.
Source: Culver City Patch
Jeffrey Keith Joseph is facing 24 drug-related felony counts in connection with Organica, his medical marijuana collective, on the border of Culver City and Los Angeles. He pleaded not guilty in February to charges that included money laundering, possession of marijuana for sale and the illegal sale of it.
After two raids by Los Angles police and federal authorities, Los Angeles County Superior Court Judge James C. Chalfant ordered it closed in April.
Stephen Fich, Joseph's attorney, said it's essential for the defense to be prepared for the preliminary hearing.
"Our position is, if you put a medical marijuana defense on a prelim, it should shift the burden to the prosecution to prove beyond a reasonable doubt that it wasn't medically related," he said.
If the prosecution cannot show strong suspicion, or evidence to Joseph's charges before the judge, the trial could be dismissed.
Read more Patch coverage on the case here.
Source: Culver City Patch
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