Someone was offering top-shelf marijuana — described as “crystal-laden” and “very distinctly scented” — for $2,700 a pound.
The
post came under a banner citing Prop. 215, the voter-approved
initiative allowing Californians with a doctor's recommendation to
possess and use pot.
“If
you're looking for the best, don't waste your time on cheaper meds,”
read the ad, which was accompanied by a picture of the greenish weed and
a phone number.
Undercover
officers didn't hesitate to call the number. They set up a purchase
April 11 in the Santa Rosa Avenue Target store parking lot, where they
arrested Krish Singh, 43, of Rohnert Park.
Despite
his insistence that the weed in his orange Camaro was intended for
qualified patients, Singh was charged with felony possession for sale
and faces prison if convicted at his Aug. 31 trial.
Singh
is believed to be just one of hundreds of people who are selling
marijuana on Craigslist right next to ads hawking cars, apartment
rentals and kitchen appliances.
A
quick search of the website Monday showed people selling strains like
Presidential Kush and Sour Diesel in quantities ranging from grams to
multiple pounds. Postings for hashish are plentiful and there is no
shortage of live plants available.
Others were selling medical marijuana cards or looking to buy pot.
Many
of the postings specify that the weed will be sold only to patients
with doctors' recommendations and then only to members of recognized
collectives.
But there is debate about whether such disclaimers make it legal.
Defense
lawyers argue it does. Distribution among patients is allowed under the
state's Compassionate Use Act and there is no provision against
Internet advertising, they say.
“Nothing in state law prohibits this,” Santa Rosa attorney Joe Rogoway said. “Provided that both are qualified patients.”
But
police maintain Craigslist sales are against the law. Marijuana can
only be distributed among legitimate care providers or members of a
closed collective — and that isn't what's happening, they say.
Further,
there are limited circumstances where someone can legally collect money
for selling marijuana, said prosecutor Anne Masterson, who handles drug
cases for the District Attorney's Office.
Most
of the Craigslist ads are posted by drug dealers who are attempting to
do business by masquerading as medical marijuana care providers, said
Santa Rosa police Sgt. Mike Tosti, who heads the department's narcotics
unit.
“Our stance is it absolutely isn't for medical purposes,” Tosti said.
He
described sales as “rampant” over the past five years. There's so much
activity these days that detectives pursue only cases involving large
quantities or where someone has lodged a complaint.
“We
don't have enough hours in the day to go after every single ad on
Craigslist,” Tosti said. “It comes down to priority and resources. If
something catches our eye we'll look into it.”
But
whether Sonoma County jurors will convict someone who claims to be
providing medical marijuana through Craigslist remains to be seen.
In the Singh case, the
defendant had a medical marijuana identification card but undercover
police said he didn't ask for theirs. And their conversation was
recorded.
Singh's lawyer, Jeff Mitchell, said the outcome could be watched closely.
“I suppose it's like selling any other product on Craiglist,” Mitchell said. “It is legal medicine provided to patients.”
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