4S Ranch Allied Gardens Alpine Baja Balboa Park Bankers Hill Barrio Logan Bay Ho Bay Park Black Mountain Ranch Blossom Valley Bonita Bonsall Borrego Springs Boulevard Campo Cardiff-by-the-Sea Carlsbad Carmel Mountain Carmel Valley Chollas View Chula Vista City College City Heights Clairemont College Area Coronado CSU San Marcos Cuyamaca College Del Cerro Del Mar Descanso Downtown San Diego Eastlake East Village El Cajon Emerald Hills Encanto Encinitas Escondido Fallbrook Fletcher Hills Golden Hill Grant Hill Grantville Grossmont College Guatay Harbor Island Hillcrest Imperial Beach Imperial Valley Jacumba Jamacha-Lomita Jamul Julian Kearny Mesa Kensington La Jolla Lakeside La Mesa Lemon Grove Leucadia Liberty Station Lincoln Acres Lincoln Park Linda Vista Little Italy Logan Heights Mesa College Midway District MiraCosta College Miramar Miramar College Mira Mesa Mission Beach Mission Hills Mission Valley Mountain View Mount Hope Mount Laguna National City Nestor Normal Heights North Park Oak Park Ocean Beach Oceanside Old Town Otay Mesa Pacific Beach Pala Palomar College Palomar Mountain Paradise Hills Pauma Valley Pine Valley Point Loma Point Loma Nazarene Potrero Poway Rainbow Ramona Rancho Bernardo Rancho Penasquitos Rancho San Diego Rancho Santa Fe Rolando San Carlos San Marcos San Onofre Santa Ysabel Santee San Ysidro Scripps Ranch SDSU Serra Mesa Shelltown Shelter Island Sherman Heights Skyline Solana Beach Sorrento Valley Southcrest South Park Southwestern College Spring Valley Stockton Talmadge Temecula Tierrasanta Tijuana UCSD University City University Heights USD Valencia Park Valley Center Vista Warner Springs

Former Medical Marijuana Dispensary Manager Files Appeal

The San Diego chapter of medical marijuana advocacy group Americans for Safe Access announced today that it is appealing the 2010 conviction of dispensary operator Jovan Jackson on three charges of illegal possession and sale of marijuana.

During his trial, superior court judge Howard Shore ruled that California’s state medical marijuana law could not be used as a defense for Jackson and, according to the ASA, referred to marijuana as “dope” and state law as “a scam.”

“Jackson and other medical marijuana providers deserve a defense under the state's medical marijuana laws and these are issues for a jury to decide,” said ASA chief counsel Joe Elford in a press release announcing the appeal.

In addition to challenging the decision not to allow Jackson to defend himself under state law, the appeal challenges the notion that the “sale” of marijuana in itself is a crime. Some district attorneys have insisted — despite guidelines issued by the attorney general in 2008 — that a medical patient must take an active part in cultivation, “till the soil,” in order to be part of a collective.

Jackson, a Navy veteran, was convicted on his second trial, as district attorney Bonnie Dumanis had previously brought similar charges against him in 2009. That case ended in acquittal, as the judge allowed consideration of the state’s medical marijuana law during trial.

California attorney general Kamala Harris, rather than Dumanis, will defend the appeal. Harris previously served as San Francisco district attorney while that city was implementing one of the first dispensary licensing programs in the country.

Here's something you might be interested in.
Submit a free classified
or view all

Previous article

Summer in Bloom at San Diego Made Market, Miner’s Loop Trail

Events June 19-June 23, 2021

The San Diego chapter of medical marijuana advocacy group Americans for Safe Access announced today that it is appealing the 2010 conviction of dispensary operator Jovan Jackson on three charges of illegal possession and sale of marijuana.

During his trial, superior court judge Howard Shore ruled that California’s state medical marijuana law could not be used as a defense for Jackson and, according to the ASA, referred to marijuana as “dope” and state law as “a scam.”

“Jackson and other medical marijuana providers deserve a defense under the state's medical marijuana laws and these are issues for a jury to decide,” said ASA chief counsel Joe Elford in a press release announcing the appeal.

In addition to challenging the decision not to allow Jackson to defend himself under state law, the appeal challenges the notion that the “sale” of marijuana in itself is a crime. Some district attorneys have insisted — despite guidelines issued by the attorney general in 2008 — that a medical patient must take an active part in cultivation, “till the soil,” in order to be part of a collective.

Jackson, a Navy veteran, was convicted on his second trial, as district attorney Bonnie Dumanis had previously brought similar charges against him in 2009. That case ended in acquittal, as the judge allowed consideration of the state’s medical marijuana law during trial.

California attorney general Kamala Harris, rather than Dumanis, will defend the appeal. Harris previously served as San Francisco district attorney while that city was implementing one of the first dispensary licensing programs in the country.

Sponsored
Here's something you might be interested in.
Submit a free classified
or view all
Comments
1

I attended one of Jovan Jackson's second trial hearings in front of Judge Shore late last year. That Judge is a pathetic joke. Every legal argument the defense had, Shore shot down. I am sure this injudiciously bad behavior was on orders of Dirty D.A. Dumanis, who lost once before in court, when Jovan Jackson was originally found not guilty at his first trial. Dumbanus was not about to let that happen again and used the Judge she had in her pocket this time. It may not cheer Jovan Jackson, but he is a righteous martyr to the medical marijuana cause and I hope when he regains his freedom (hopefully on appeal,) he sues the beejeebies out of the D.A.'s office for malicious prosecution and maybe even double jeopardy.

Nov. 23, 2011

Sign in to comment

Sign in

Art Reviews — W.S. Di Piero's eye on exhibits Ask a Hipster — Advice you didn't know you needed Best Buys — San Diego shopping Big Screen — Movie commentary Blurt — Music's inside track Booze News — San Diego spirits City Lights — News and politics Classical Music — Immortal beauty Classifieds — Free and easy Cover Stories — Front-page features Excerpts — Literary and spiritual excerpts Famous Former Neighbors — Next-door celebs Feast! — Food & drink reviews Feature Stories — Local news & stories From the Archives — Spotlight on the past Golden Dreams — Talk of the town Here's the Deal — Chad Deal's watering holes Just Announced — The scoop on shows Letters — Our inbox [email protected] — Local movie buffs share favorites Movie Reviews — Our critics' picks and pans Musician Interviews — Up close with local artists Neighborhood News from Stringers — Hyperlocal news News Ticker — News & politics Obermeyer — San Diego politics illustrated Of Note — Concert picks Out & About — What's Happening Overheard in San Diego — Eavesdropping illustrated Poetry — The old and the new Pour Over — Grab a cup Reader Travel — Travel section built by travelers Reading — The hunt for intellectuals Roam-O-Rama — SoCal's best hiking/biking trails San Diego Beer — Inside San Diego suds SD on the QT — Almost factual news Drinks All Around — Bartenders' drink recipes Sheep and Goats — Places of worship Special Issues — The best of Sports — Athletics without gush Street Style — San Diego streets have style Suit Up — Fashion tips for dudes Theater Reviews — Local productions Theater antireviews — Narrow your search Tin Fork — Silver spoon alternative Under the Radar — Matt Potter's undercover work Unforgettable — Long-ago San Diego Unreal Estate — San Diego's priciest pads Waterfront — All things ocean Your Week — Daily event picks
4S Ranch Allied Gardens Alpine Baja Balboa Park Bankers Hill Barrio Logan Bay Ho Bay Park Black Mountain Ranch Blossom Valley Bonita Bonsall Borrego Springs Boulevard Campo Cardiff-by-the-Sea Carlsbad Carmel Mountain Carmel Valley Chollas View Chula Vista City College City Heights Clairemont College Area Coronado CSU San Marcos Cuyamaca College Del Cerro Del Mar Descanso Downtown San Diego Eastlake East Village El Cajon Emerald Hills Encanto Encinitas Escondido Fallbrook Fletcher Hills Golden Hill Grant Hill Grantville Grossmont College Guatay Harbor Island Hillcrest Imperial Beach Imperial Valley Jacumba Jamacha-Lomita Jamul Julian Kearny Mesa Kensington La Jolla Lakeside La Mesa Lemon Grove Leucadia Liberty Station Lincoln Acres Lincoln Park Linda Vista Little Italy Logan Heights Mesa College Midway District MiraCosta College Miramar Miramar College Mira Mesa Mission Beach Mission Hills Mission Valley Mountain View Mount Hope Mount Laguna National City Nestor Normal Heights North Park Oak Park Ocean Beach Oceanside Old Town Otay Mesa Pacific Beach Pala Palomar College Palomar Mountain Paradise Hills Pauma Valley Pine Valley Point Loma Point Loma Nazarene Potrero Poway Rainbow Ramona Rancho Bernardo Rancho Penasquitos Rancho San Diego Rancho Santa Fe Rolando San Carlos San Marcos San Onofre Santa Ysabel Santee San Ysidro Scripps Ranch SDSU Serra Mesa Shelltown Shelter Island Sherman Heights Skyline Solana Beach Sorrento Valley Southcrest South Park Southwestern College Spring Valley Stockton Talmadge Temecula Tierrasanta Tijuana UCSD University City University Heights USD Valencia Park Valley Center Vista Warner Springs
Close