Charges dropped against two medical marijuana providers

January 11, 2011

A Paso Robles couple arrested for operating a mobile medical marijuana dispensary will not face jail time for operating their service because they are no longer facing charges.

One of Rachel and Charles Tamagni’s attorneys, Patrick Fisher, said that officials from the San Luis Obispo County District Attorney’s office told him they are dropping charges against the couple.

“We have to get confirmation in court, but they told us over the phone that they are rejecting charges,” Fisher said.

On December 27, at least six law enforcement agencies and 50 agents participated in the arrests of 15 people for growing and selling medical marijuana. During the arrests, children and grandparents were handcuffed at gun point, homes were ransacked and some of the arrestees were left in a cold van for hours, numerous sources said.

“They were put through hell for nothing, their names dragged through the mud,” Fisher said. “Now it’s like oops, sorry, never mind.”

Fisher, the attorney for six of the arrestees, said his clients appear to have been running their marijuana dispensaries in complete compliance with California law.

The arrests appear to be based on an interpretation of state law – specifically that everyone in a collective must be actively participating in the cultivation of the plants.

“Is it the view of the Narcotics Task Force that the terminally ill should be growing their own pot?” Fisher asked.

Charges remain against 12 of the medical marijuana providers.

Medical marijuana advocates plan to protest the arrests at a rally set for January 11, at 7:30 a.m., in front of the San Luis Obispo County Courthouse.

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There is discussion now about the historic tunnel vison of district attorneys. The old school idea they had to win every case no matter what it took, regardless of fairness or if the person was for sure 100% guilty, has been slowly turning around. The new thought among many of the more brilliant and younger DA’s is to seek true justice, not on ego driven idealistic motives just to get the numbers in their favor. If that means not prosecuting a bad bust so be it. LE that lie under oath to make their case, they too will be prosecuted.

With that said, it appears SLO County does not seem to be on the cutting edge of any such thought. There is always hope. A review community reprimanding those that overreach or morally cross the line should be the norm in the future.

The easiest way to prevent abuse of citizens by local law enforcement would be for the leaders of every law enforcement agency in the county to announce, in no uncertain terms, that any officer found to have purposely lied on a police report will be immediately dismissed, starting now.

Very simple, very effective, and of tremendous benefit to local citizens who want their law enforcement agencies to operate ethically, legally, and in the best interest of citizens. As it is now, lying by law enforcement is so common and condoned as to be practically expected. And there is not a single law enforcement officer in this county who does not know of instances where officers have purposely lied in reports or proceedings.

Is it too much to ask that our cops be honest?

“that any officer found to have purposely lied on a police report will be immediately dismissed, starting now. ”

We need more than 3 LEO’s in the county. You set the bar too high.

I say if they are found to have purposely lied more than 4 times they get fired…..

but publish their names and their lies so they can’t testify in court reliably.

[/sarcastic comments]