Oral Arguments In People v. Jackson, A San Diego Dispensary Operator Convicted In 2010 After Being Denied A Defense
By: Terrie Best, San Diego Americans For Safe Access
San Diego's star medical cannabis defendant, Jovan Jackson will have his day in court to determine if Judge Howard Shore erred in denying Jovan his medical marijuana defense in a San Diego Superior Court trial Jovan endured late summer of 2010.
Jovan had been previously tried and exonerated in the fall of 2009 by a jury of twelve in front of Judge Cynthia Bashant where he was able to use the defense he's entitled to. But, in a vicious and vindictive move District Attorney and failed Mayoral candidate Bonnie Dumanis re-filed charges against Jovan hoping for a better outcome for her office.
In the second trial, Judge Howard Shore denied Jovan's defense, saying all of the collective members of Answerdam Collective, of which Jovan was the president, would have had to till the soil and participate in the gardening in order for Answerdam to have been a true collective.
Jovan lost this case and his attorney, Lance Rogers, along with Americans for Safe Access Chief Counsel, Joe Elford, immediately filed an appeal in the 4th District California Court of Appeal.
This case is very important as it seeks to answer the "Group Farm Fallacy," question. California prosecutors have often successfully swayed judges to accept the idea that all patients must garden in order for defendants to use their medical marijuana defense.
Across California, patients who grow medical cannabis on behalf of those too sick to grow for themselves have been victimized by this fallacy. Today's hearing seeks to clarify the law.
To read the press release from Americans for Safe Access please follow this link:
What: Oral arguments in People v. Jackson, a San Diego dispensary operator convicted in 2010 after being denied a defense
When: Thursday, October 11th at 1:30pm
Where: Fourth District Court of Appeal, 750 B Street, Suite 300, San Diego
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