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Marijuana Co-Op Sues To Get Pot, Money Back From Sheriff's Department

Ganjarden

Nug of the Month: Aug 2008
An Oildale medical marijuana cooperative wants its pot and money back from the Kern County Sheriff's Department.

The department says not so fast. It wants the chance to prosecute the owners.

That's according to a lawsuit filed about six weeks ago against the county and the sheriff's department.

In April the California Compassionate Co-Op and it's owner, Deborah Lynn Dahl, opened up shop at 200 North Chester Ave. Dahl had incorporated with the Secretary of State and received a seller's permit from the California Board of Equalization.

The sheriff's department showed up three times and was allowed in to inspect all three times. Then on the 4th visit, the department served a search warrant and shut the place down.

That was on June 3 when four pounds of marijuana, 299 pill bottles -- each with small amounts of marijuana or hashish -- were seized from the business.

A few weeks later Dahl, 34, and the business, also known as LMN Co-Operative Inc., filed suit. Their attorney, Phil Ganong, allege the business followed all the rules and was improperly shut down.

The suit wants at least $25,000 plus more money for distress to Dahl and another woman, Michele R. Myers.

Among other complaints, the suit notes that no criminal charges have been filed against Dahl, the business nor anyone else.

Deputy County Counsel Andrew Thomson said -- through court records-- that among other things the lawsuit is premature.

Thomson said the Kern County District Attorney's staff needs a reasonable amount of time to file charges.

A sheriff's investigator set up a controlled buy of marijuana from the business by an anonymous person who was not qualified to be a customer, a search warrant affidavit said.

That could mean the business was selling marijuana illegally. That issue has not yet been resolved in court.

The county also alleged that information provided by the business showed it could make huge profits on the sale of marijuana. Such businesses are supposed to be non-profit organizations with any excess money going to charities.

The suit says that the county seized about $14,000 from Dahl and the business.

The closure of the cooperative is the latest in a series of battles between the sheriff's department and medical marijuana businesses.

The department has shut down several businesses saying that selling marijuana is a violation of federal law.

The businesses always reply that California law permits the selling of marijuana to customers who have a recommendation from a doctor to buy it.

The suit contends the county has deprived people from receiving medical treatment allowed by and protected by the state of California.

A hearing is set Aug. 18 in Kern County Superior Court on the case.


News Hawk- Ganjarden 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: The Bakersfield Californian
Author: STEVE E. SWENSON
Contact: The Bakersfield Californian
Copyright: 2009 The Bakersfield Californian
Website: Marijuana Co-Op Sues To Get Pot, Money Back From Sheriff's Department
 

michaelkaer

New Member
Keep the pressure up. do not back down from th cops. I would like to know how they got someone in without the proper papers. If they set up the sting a screwed up (which it looks like they do no have all their ducks in a row) and now have to come up with something solid. I would also sue for just plain harassment and charge the police by name and badge number and the department as well. Good luck.
 

Deborah Dahl

New Member
Keep the pressure up. do not back down from th cops. I would like to know how they got someone in without the proper papers. If they set up the sting a screwed up (which it looks like they do no have all their ducks in a row) and now have to come up with something solid. I would also sue for just plain harassment and charge the police by name and badge number and the department as well. Good luck.

I am Deborah Dahl and yes all ducks were in a row. The informant did have all paper work and was a verified patient.
 

MedicalNeed

New Member
I would sue each officer separately in civil court, That will make them responsible for any judgment against them personally, not the police department.

Holding officers accountable for their actions on an individual basis is where this should also be headed.

I also believe that is how the people can start making cops honor the will of the majority of the voters, not policing on the opinion of the officers.
 

dewild1

New Member
We got our computer equipment back but the sheriff then filed charges to prevent us from reopening. Trial is Dec. 13, 2010



This is a very interesting case.

Can you talk about the "Mr. X" that they set you up with?
Did he have an expired script or something?

Did you ever get the medication or cash back?

Seems like they are just looking to bust people when they have a large amount of cash present.

Did you have a security system?
Being able to document the sale to "Mr. X" and proving that you complied with all laws and that they set you up and they are not honoring the laws the voters put into place and then bringing the officers and department to a civil suite with the security camera proof would teach the cops a lesson.

I think every grower and dispensary should invest in security cameras and keep about 3-4 months of video and audio in an off site storage.
Hell, at Geeks.com you can get a DVR camera system with 4 cameras for about $200.

Proving your innocence is necessary when cops LIE on just about every police report that I have EVER read.

Proving they are in the wrong and then suing their ass off will keep them from messing with people just because they do not like some of the laws and rules voters and other put into place, (you know, the ONES THEY GAVE AN OATH TO UPHOLD,yes, even the ones they do not like!).

Did they ever file charges against you?
 
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Dahl

New Member
Yes they did, me and 2 of my employees. After a long fight we proved 42 different lies and omissions to the judge to even pull a search warrant the judge called it a total Reckless disregard for the truth by the Kern co. Sheriffs Dept. The judge through out the search warrant. We sued and after 5 long years settled out of court for $82,000.
 

Dahl

New Member
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