Come out and support Joseph Malone April 9 - San Diego

[User]

Who: Joseph Malone, who ran Safe California Access collective who is being prosecuted today

What: Fighting for our rights. In court April 9 trying to ask the San Diego County - what's the policy towards dispensing collectives?

Where: Dept 53, 220 West Broadway, San Diego, CA 92101

When: Gather April 9, 12:00 noon for demonstration - "what's the policy?" - Court starts 1:30pm

Why: This is one of the `best' cases going in San Diego today. This city licensed dispensing collective, run by Joseph Malone was set up by an undercover cop who had a valid recommendation (same guy from "Operation Green RX/Endless Summer") and signed documents joining the collective. Then Joseph was busted for helping him with medication.

-------------------------------------------------------------------------------------- In court on Thursday April 9 Joseph's legal team will be fighting for our rights, in court trying to ask the San Diego County - what's the policy towards dispensing collectives? This is step one, in a very important case for everyone. If Joseph cannot win, with his case -all patients will have an even bigger problem getting medication. The next step for Joseph Malone is scheduled for May
7, 1:30pm, Dept 53. Defense Motions for Joseph Malone will be heard in court for a dismissal. Come out if you can. For More info see: San Diego Chapter

Joseph's story:

Hello ASA my name is Joseph and I live in San Diego County, CA. In April of 2008, I went to the S. D. Board of Equalization (BOE) to apply for a sellers permit for a medical marijuana collective (member distribution location).

At the BOE I filled out an application describing the product to be sold, bartered, or traded. I was forthright and honest and said "28 grams or less of medical marijuana (mmj) for qualified S. D. patients seeking help with mmj and cannabis baked goods (for members who cannot or shouldn't smoke mmj but rather need to ingest there mmj).

When I was called in to sit with the BOE agent to file the application and go over the details, he told me that because of the type of business it was I would need to call vice/narcotics squad of S. D. The BOE agent then dialed the number and spoke with an officer at vice and then transferred the call to me so I could explain what I would be doing at our location. After speaking with the vice officer who told me "S. D. is no longer policing mmj " the BOE agent and I then proceeded with the required interview and I was issued a temporary sellers permit.

Next I went to City of S. D. treasury office to apply for a business license. I was honest and completed the application in same the manner (28g or less of mmj and cannabis baked goods) , with no deception or false info on either of the applications. I was issued a temp business license a couple of weeks later and eventually I received the actual sellers permit and business license /conditional security permit from BOE. Now, feeling we were in full compliance with ATT. GEN& BOE suggested guidelines, we began to help qualified S. D. residents with valid doctor recommendations obtain their cannabis through our handicapped accessible member dispensing location.

In June of 2008, an undercover officer came to our member location seeking help in obtaining his mmj which had been recently recommended by a local doctor. After I called to verify his recommendation, the officer signed a member consent form and I then began a file for our new member. After finishing all info checks, I then provided this new member with one half ounce of mmj at a cost of $200 plus the state tax of
7.75%.

On Aug. 5 2008 our collective was raided and I was arrested for felony possession with intent to sell marijuana.