Nev: Prosecution wants life for busted dispensary

In Nevada, you can obtain a MMJ card (after you spend a few hundred $) and legally carry. However, it is illegal to OBTAIN marijuana.

Such a farked up law. The prosecution in this case wants life in prison for dispensary people that were busted in Las Vegas.

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Judge Needs More Time Deciding Dismissal of Medical Marijuana Case

Las Vegas, NV (KTNV) -- A Clark County District Court judge says he needs more time to review grand jury documents before deciding whether or not to dismiss a medical marijuana case against six defendants.

A crackdown on medical marijuana distribution centers in the valley has several people facing serious drug charges and almost everyone involved taking a very close look at our state laws regarding pot.

"The people of our state have decided that medical marijuana is allowable, said Medical Marijuana Advocate, Vicki Higgins.

"We simply ask that we get some clarity in the law so that we can use our medicine and acquire our medicine without being treated like criminals," she said.

In November, Jolly Green Meds, a medical marijuana Co-op in Las Vegas, was raided. Police found several plants and more than 5 lbs of the drug.

Six people were taken into custody, eventually being indicted for 16 felony counts.

Those charges, the defense wants dismissed. They say their clients were operating within the vagueness of the law and distributing marijuana for donations and not actually selling it.

"What's happening here is instead of fixing bad legislation we have the State of Nevada prosecuting people instead of going to the legislature to get the appropriate corrections are made," said Defense Attorney, Robert Draskovich.

Medical marijuana advocates and patients say the laws are confusing, allowing registered patients to possess the drug but making it illegal to get it.

"We're all normal people. We're not just a bunch of stoners wanting to get stoned, we want to survive," said Higgins.

The state claims the law is crystal clear, saying the sale of marijuana is prohibited, period.

Judge Doug Smith wants to review the grand jury documents before making a decision.

The defense thinks, this is going to go a lot farther than Clark County.

This decision will ultimately be made the the State Supreme Court, said Draskovich.

Earlier in the week, a Clark County judge tossed out a similar case after two men were arrested for selling pot to an undercover officer with a medical marijuana card.

The judge said the grand jury didn't see specific documents, the officer filled out, showing that the marijuana was not for sale, but a donation was necessary.

A Clark County grand jury returned a new indictment this week against the two men with multiple counts of selling and trafficking.

A hearing has yet to be scheduled on those new charges.

Source: Judge needs more time deciding dismissal of medical marijuana case - www.ktnv.com

**I dont know where this should be posted so I put it here.
 
Facing the same dilemna in Rhode Island where the State was ready to issue three (3) dispensary licenses but the DEA threatened to jail all involved so the Governor Chafee halted the process. There are NO dispensaries in RI, and many other states we citizens must demand respect of the Law and do not allow selective enforcement and malicious prosecution. Good Luck
 
Any updates on this one?
 
I'll have to look it up. In one case, there was a dismissal iirc, under the guise of the judge wanting the state to fix the laws. Then I heard something about it being re-opened. I'll have to search and see if I can find out.
 
In a ruling destined for appeal to the Nevada Supreme Court, a state court judge is rejecting a challenge of Nevada's medical marijuana laws by owners of a storefront pot dispensary in Las Vegas.

Clark County District Court Judge Doug Smith ruled Tuesday that the state's medical marijuana laws aren't too vague to allow charges to stand against six people arrested in a police raid of the Jolly Green Meds dispensary last November.

But the judge also notes that state law fails to provide a way for patients with a doctor's prescription to legally obtain marijuana.

Smith's ruling conflicts with a finding by another Clark County District Court judge in a similar case.

Edit: My interjection: above is what I was referring to as a previous dismissal in similar case. But not with this judge. And this prosecution is going for life terms.

Attorney Michael Cristalli represents defendant Daniel Kinshella. He says he will appeal to the state high court.

Judge OKs Las Vegas medical pot case - www.ktnv.com
 
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