Weed Wars

Dispatches from the California Marijuana Front

April 5, 2010
San Diego DA has a losing streak with medical pot prosecutions

With a screaming red headine, "NOT GUILTY ON ALL COUNTS!!!," San Diego County medical marijuana activist Eugene Davidovich recently announced on his website his acquittal on charges of illegally selling marijuana and possessing weed.

Davidson, who operated a medical marijuana home delivery service, was the second high-profile defendant to be found not-guilty in a crackdown by San Diego authorities on medical marijuana providers they accused of conducting illegal retail sales.

His March 26 acquittal follows a earlier courtroom loss for District Attorney Bonnie Dumanis.

In December, a jury acquitted Navy veteran Jovan Jackson on charges of possession and sales of marijuana for operating a dispensary called Answerdam Alternative Care.

"I don't take from this that we're not going to be able prosecute a dispensary, " Deputy District
Attorney Steve Walter said in an interview after the Jackson case.

He prosecuted Davidovich in a continuing legal effort that has included police raids on marijuana businesses under a sweep dubbed Operation Green Rx.

"The jury saw this for what it was," Davidovich's lawyer, Michael McCabe told the San Diego Union-Tribune. "They thought it was a trumped up case from the get-go."

San Diego authorities aren't surrendering.

Another high profile medical pot case looms for Donna Lambert, a 49-year-old cancer survivor who also ran a also marijuana network that provided home deliveries to medical users.

Lambert, who operated "The Women's Health Cooperative," is due to go on trial this month on seven felony counts, including illegal marijuana sales.

Meanwhile, Davidovich, who has covered his own trial on his website, posted something of a post-verdict touchdown dance. His video (view it below) proclaims himself "a free man." It also quotes a juror as saying, "The police department did not do the job and the prosecution had a lot of weak material to work with."

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