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Pot delivery case up in smoke
Comments 8
DA dismisses charges against medical marijuana collective owners
April 24, 2011 3:49 PM
Tomoya Shimura
VICTORVILLE • Prosecutors dropped felony charges in what they believed to be the first criminal case in the High Desert against an alleged medical marijuana dispensary.
The San Bernardino County District Attorney’s office filed the charges against Kenneth Elswick, 47, and Harvey Wolfe, 63, last year in the midst of the county’s effort to crack down on medical marijuana. The owners of California Association of Patient Collectives and Dispensaries in Phelan were charged with selling marijuana.
But Deputy District Attorney Kurt Maier told the court Friday morning his office dismissed the case because he was not ready to go to trial.
Elswick rushed out of the courtroom as soon as Judge John Tomberlin declared the dismissal.
“I never wanted this. I never thought it was going to turn into a witch hunt,” Elswick said, trying to fight back tears. “I’m a good person. I’ve never committed any crime in my life. I’ve never done anything wrong in my life.”
In the preliminary hearing in January, the prosecution tried to prove Elswick and Wolfe profited from their medical marijuana delivery service.
According to voterapproved state law and the attorney general’s guidelines, medical marijuana collectives or cooperatives must only serve internal members with doctors’ recommendations and operate as nonprofits.
Maier said Friday he couldn’t comment on the dismissal because there was a possibility of refiling the case in the future.
For more about the case, read the full story in Sunday's Press Dispatch. Get complete stories every day with the "exactly as printed" Daily Press E-edition, only $5 per month! Click here to try it free for 7 days. To subscribe to the Daily Press in print or online, call (760) 241-7755, 1-800-553-2006 or click here.
Tomoya Shimura may be reached at (760) 955-5368 or [email protected].
Pot delivery case up in smoke
Comments 8
DA dismisses charges against medical marijuana collective owners
April 24, 2011 3:49 PM
Tomoya Shimura
VICTORVILLE • Prosecutors dropped felony charges in what they believed to be the first criminal case in the High Desert against an alleged medical marijuana dispensary.
The San Bernardino County District Attorney’s office filed the charges against Kenneth Elswick, 47, and Harvey Wolfe, 63, last year in the midst of the county’s effort to crack down on medical marijuana. The owners of California Association of Patient Collectives and Dispensaries in Phelan were charged with selling marijuana.
But Deputy District Attorney Kurt Maier told the court Friday morning his office dismissed the case because he was not ready to go to trial.
Elswick rushed out of the courtroom as soon as Judge John Tomberlin declared the dismissal.
“I never wanted this. I never thought it was going to turn into a witch hunt,” Elswick said, trying to fight back tears. “I’m a good person. I’ve never committed any crime in my life. I’ve never done anything wrong in my life.”
In the preliminary hearing in January, the prosecution tried to prove Elswick and Wolfe profited from their medical marijuana delivery service.
According to voterapproved state law and the attorney general’s guidelines, medical marijuana collectives or cooperatives must only serve internal members with doctors’ recommendations and operate as nonprofits.
Maier said Friday he couldn’t comment on the dismissal because there was a possibility of refiling the case in the future.
For more about the case, read the full story in Sunday's Press Dispatch. Get complete stories every day with the "exactly as printed" Daily Press E-edition, only $5 per month! Click here to try it free for 7 days. To subscribe to the Daily Press in print or online, call (760) 241-7755, 1-800-553-2006 or click here.
Tomoya Shimura may be reached at (760) 955-5368 or [email protected].
