People v. Jovan Jackson
This article has multiple issues. Please help improve it or discuss these issues on the talk page. (Learn how and when to remove these template messages)
|
People v. Jovan Jackson, 210 Cal.App.4th 525 (2012) is a landmark decision by the Fourth Appellate District of California, which affirmed that persons that associate to collectively cultivate medical marijuana are entitled to a legal defense as provided by California Senate Bill 420 (known as the Medical Marijuana Program Act). The decision has defined medical marijuana law in the state of California.
Overview
The court ruled that medical marijuana patients do not have to actively participate in the cultivation of medical marijuana, and that financial support provided by collective members through medical marijuana purchases constitute sufficient involvement in a collective.[1] Mr. Jackson has been represented by attorney Lance Rogers and prosecuted by Deputy District Attorney Chris Lindberg three times for substantially the same offenses. Mr. Jackson stood trial for a third time in October through November 2013 where he was convicted of three marijuana related charges. His conviction will be appealed.[2]
2009 Trial
Mr. Jackson and other medical
2010 Trial
Federal and state law enforcement agencies continued to investigate Mr. Jackson and Answerdam while the first charges were pending. After Mr. Jackson's acquittal, law enforcement raided Answerdam again, and charged Mr. Jackson in a new information with one count of the sale of marijuana and two counts of possession of marijuana for sale. At Mr. Jackson's second trial in 2010, the trial court denied Mr. Jackson the MMPA defense that had previously been provided to him during his 2008 trial for similar offenses. Due to his lack of the defense provided by state law, Mr. Jackson was found guilty of the charges.[5]
Second Trial Appeal
Mr. Jackson, assisted by his trial attorney Lance Rogers, and Joe Elford of Americans for Safe Access, appealed the second conviction, leading to the landmark decision in People v. Jovan Jackson, 210 Cal.App.4th 1371 (2012). The court affirmed a defendant's right to the legal defense provided by the MMPA. In addition, the court clarified the law in regards to the MMPA defense. The court stated the three elements of the MMPA are that the collective 1. Are qualified patients or primary caregivers; and, 2. Collectively associate to cultivate marijuana; and, 3. The collective must be a nonprofit enterprise. In addition, the court provided factors for a jury to consider as to whether the collective is a non-profit, specifically:
The size of the collective's membership; the volume of purchases from the collective; the members participation in the operation and governance of the collective; the testimony of the operator[s] of the collective; its formal establishment as a nonprofit organization; the presence or absence of any financial records; the presence or absence of processes by which the collective is accountable to its members; the volume of business it conducts; any other evidence of profit or loss.
Mr. Jackson's conviction from the second trial was reversed and remanded to the San Diego Superior Court.[6]
2013 Trial
Following the reversal of Mr. Jackson's convictions, the San Diego District Attorney's Office proceeded to file charges against Mr. Jackson a third time. In October through November 2013, Mr. Jackson, represented by his pro bono legal team, stood trial for a third time in regards to his involvement with Answerdam.[7] Following a six-day trial that focused on complex accounting principles, financial records, and novel legal issues as to profit and non-profit business practices, the jury deliberated for a day before convicting Mr. Jackson.[8]
Mr. Jackson's legal team plans to file an appeal.[9]
Social and Political Significance of Proceedings
Mr. Jackson's case has become the symbol of the prosecution of medical
References
- ^ People v. Jackson, (2012) Cal.App.4th 1371
- ^ San Diego Union Tribune: Ex-Pot Dispensary Manager Convicted
- ^ Not Guilty Verdict Reached in Medical Marijuana Trial
- ^ People v. Jackson, (2012) Cal.App.4th 1371
- ^ People v. Jackson, (2012) Cal.App.4th 1371
- ^ People v. Jackson, (2012) Cal.App.4th 1371
- ^ Americans for Safe Access: Jovan Jackson Medical Marijuana Trial
- ^ Americans for Safe Access: Medical Marijuana Patient and Provider Jovan Jackson Found Guilty Headed for Immediate Appeal
- ^ Navy Veteran Convicted of Running Retail Marijuana Store[permanent dead link]
- ^ The Daily Chronic: Third Trial Begins San Diego Medical Marijuana Dispensary Operator
- ^ San Francisco Gate: San Diego vs. Medical Marijuana
- ^ Daily Updates from Jovan Jackson Medical Marijuana Trial
- ^ Navy Veteran Convicted of Running Retail Marijuana Store