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DA dumps medical pot driver charges

January 23, 2013

By DANIEL BLACKBURN

images-1All charges facing a cooperative’s medical cannabis delivery driver have been tossed out by the San Luis Obispo County District Attorney’s office despite efforts by some sheriff’s narcotics detectives to pursue felony prosecution.

Chance Everett Simmons, an employee of Ethnobotanica Patients Collective, was arrested Jan. 5 in Oceano after a sheriff’s deputy’s traffic stop for a cracked windshield on his vehicle.

When Simmons admitted he was transporting cannabis products and after consenting to a search of his vehicle, the deputy contacted detectives for guidance, according to the arrest report. He was then ordered to take Simmons into custody.

Charges were dropped Tuesday following discussions between Ethnobotonica’s  attorney, Louis Koory of San Luis Obispo, and sheriff’s and district attorney’s officials.

Medical cannabis cooperatives are legal under California law, and as a result all of the medicines, products, and cash being transported by Simmons will be returned to him under an order issued Tuesday by San Luis Obispo County Superior Court Judge John Trice. Trice’s order said in part, “Good cause exists to return the property as the case has been dismissed and the property has no evidentiary value.”

Simmons was facing multiple felony charges of possession of marijuana for sale and possession of concentrated cannabis.

Ryan Booker, executive director of the Ethnobotanica collective, said Simmons was engaged in lawful activity at the time of his arrest, delivering physician-recommended cannabis to some of the collective’s 1,000 patients.

“The passage of the Medical Marijuana Program Act in 2003 exempted medical cannabis collectives and collective members from criminal sanctions under California Health and Safety Code 11357 and 11359,” Booker said.


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Conservative right wing nut cases? Let me see if I’ve got this one right…People on the left think it’s conservatives that are against medicinal pot. A true conservative like myself does not care whom smokes weed and whom does not. As long as someone is making a profit from it and no one is being harmed. I draw the line at illegally smuggled marijuana and drugs that do great harm to one’s self and family. If you want to know which political party is against med pot you need to see which side of the isle gets the most bling from the pharmaceutical and homeopathic companies. The left wing has that dishonor I’m afraid. We have had top to bottom Democrat office holders and still the DEA runs amok busting 1 pot farm after another. What a waste of time and resources. A true conservative can see it’s a big waste but unfortunately this nation hasn’t seen a TRUE conservative for many moons. It matters not whether you hyphenate your name with a D or an R. This has not mattered for a long time.


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This must be an example of local law enforcement slowly understanding CA law. It may be hard for some LEOs to think MJ could be legal because their life’s experience was so different than the millions who now accept the use of MJ as ‘normal’ under appropriate circumstances. In time I hope to see law enforcement educating each other on CA law and doing their job without arresting those that are obeying the law. This may take more time.


As far as Sheriff Ian Parkinson is concerned, I think he has done well to date considering the legacy/history of the SLOCSO. I have no idea how many CCW’s he has granted but I do know fro personal experience Sheriff Parkinson is more open minded concerning this issue than his predecessor.


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Mr. Simmons should be at least charged with having a broken windshield.


Did you know in the state of California they can IMPOUND you car for a broken windshield!


How much TAXPAYER money was spent on LEO and the courts to come to this decision?


How much more money will be spent on the law suit?


The government doesn’t care… it’s not their money! The sherrif’s officers, the judges, the DA… they all MADE money on this deal!


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As stated before “Tax dollars and time wasted “!!! Again by our wonderul Sherriffs department!! What will it take?? Good job Lou….


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Ahhhh………..Far Out Man


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Based on a state vote it is very obvious that most Californians support medical marijuana laws. I do as well, with a desire that the system continues to develop a strong monitoring mechanism.


That said, I fail to understand why this man was arrested and initially charged. I fear this is going to result in another costly lawsuit against the County.


Remember when Sheriff Parkinson was running for Sheriff and courted the voters who supported the concept of medical marijuana? I think he even did some campaigning when Cheech and Chong were giving a performance at the Cal Poly PAC.


And then we have the fiasco with the people that were arrested in late 2010 where Judge Labarbara rightfully deferred to the law and dismissed charges on at least 9 of the defendants.


At the time even though he was Sheriff, Parkinson pointed the finger at others (particularly the NTF) and according to New Times article “claiming ignorance.”


http://www.newtimesslo.com/cover/5563/the-road-ahead-is-riddled-with-potholes/


Here is what was written in New Times over a year ago;


“Parkinson said he stands by his pledge to take a rational approach to medical marijuana collectives and that those who follow the rules should be given equal protection under the law.”


I guess Parkinson will say anything to further his career. A typical politician, who is adept at speaking out of both sides of his mouth.


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I think it is prudent at this point to demand “who” these so-called detectives are that told the officer to arrest him. Go back to pre-school and read 215 and 420 big narcos. Good for the DA to drop charges.


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I for one would like to know why it is the Sheriff’s Department seems to want to enforce federal law above and in front of California law? Are these detectives “left-overs” from Pat Hedges’ terms as our Sheriff? I hope that the driver and business owner double check the inventory that gets returned, just in case.


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bob – Please remember that when you want Federal Gun Laws enforced by local law enforcement.


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How many CCW permits has Sheriff Parkinson allowed?


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Our state laws are tougher than the feds!


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despite efforts by some sheriff’s narcotics detectives to pursue felony prosecution.

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What is wrong with these narcotics detectives? Do they not know the law? Why do they try and ruin a lawful, legitimate business? Is this really the best they can do? Is this what we pay them to do?


These detectives need to answer for their knowing, intentional, unlawful actions.


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I wonder if they keep doing this to please the feds so they can keep those “War on Drugs” dollars and hi-tech, big-boy toys coming in?


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They are Conservative Right Wing nut cases and this is just driving them crazy…poor guys the new world is so hard on them…women, gays, and minorities have right now and they are so confused…


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I am probably one of the most conservative people who post on this forum regularly. I am no “nut case” and I am certainly not crazy (though some have tried to label me so). I fully support the MMJ laws and feel the actions of the Sheriff’s Dept..Narcotis detectives warrant review and legal action. Mr. Simmons suffered from the arrest in many ways and should file suit against the Sheriff’s Dept,his arresting officers, and anyone who attributed to his arrest. A strong message should be sent for future incidents such as these.


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Does the State issue ID Cards for MMJ “Delivery” person? So, anyone who is caught with marijuana can simply say that, while they themselves, do not possess a Medical Marijuana card, they are simply delivering for someone who does. Is that not an easy out for anyone caught transporting marijuana? California lives in an alternative state of reality.


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I’ll have some of my fudge relaxer. Need to celebrate after reading this. Thank God my meds are put away in a cool place.


And no we don’t usually have state cards. Just a simple Doctor’s Recommendation slip that is kept on you at all times when in public.


Blessings


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You can move!


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The “Alternative State of Reality” is that alcohol is acceptable for recreational use and, based on results, not the law, pharmaceutical drugs are in abundant supply to our children. Your attention should be directed at those issues as they kill close to 1 million Americans every year and not focused on who is cought transporting marijuana, which killed no one last year!


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“Conservative Rght Wing nut cases”? Come on! those labels don’t mean a d thing to these guys. Big Brother doesn’t need cute little labels!


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