3/17/2012

Two more operators of medical marijuana clinics in Vallejo enter not guilty pleas


FAIRFIELD -- Two more Vallejo medical marijuana dispensary operators appeared in court Tuesday as part of the city's and district attorney's ongoing crackdown on pot shops.
David Garcia-Flores, 24, of Fairfield, and Douglas Hernandez, 25, of Vallejo, both pleaded not guilty to numerous state drug charges. They entered their pleas separately in front of Solano County Supreme Court Commissioner William J. Pendergast.

Both defendants were arrested Friday after Vallejo police raided the Red Dog Green Collective at 1952 Broadway St. It was the third raid in as many weeks as Vallejo police continue what they say is an ongoing investigation into the city's 20 or more storefront dispensaries.
Former two-term San Francisco District Attorney Terence Hallinan's law firm has been hired to represent the defendants. During his years in office from 1996 to 2004, Hallinan allowed San Francisco's medical pot clubs to open and operate in what was then viewed as compliance with state laws.
Jennifer Nicoletto, an attorney for the firm, declined to comment after Tuesday's hearing, saying she hadn't yet reviewed the case file.
Hallinan, meanwhile, called himself a "medical marijuana supporter" whose firm has handled numerous dispensary cases.
"I do believe it's helpful to people who are sick and who need it," said Hallinan, also a former San Francisco supervisor. "How to get it to them is the problem."
Prior to Friday's raid, the collective had planned to reopen
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last weekend after being closed several days for city inspections, according to its Twitter account. City officials said Tuesday that the fire and building inspections were tied to the dispensary's apparent effort to comply with a recent voter-approved local tax on cannabis clubs.Despite the tax, neither the city nor Solano County District Attorney Don du Bain's office have provided any guidance on how dispensaries may operate without local police interference. Police say that any sale of marijuana is illegal in their view, which has raised questions about how the city can collect a sales tax on medical marijuana sales.
City officials also say the dispensaries violate zoning laws.
Both defendants were expected to be out of custody Tuesday after posting $35,000 bail.
The dispensary case is just the latest to come out of Vallejo. Police arrested Matt Shotwell, 31, on Feb. 21 after a joint-agency raid on his Greenwell Collective on Marin Street.
Also, Jorge Espinoza, 24, of San Rafael, was arrested Feb. 29 after police raided the Better Health Group Collective on the 3600 block of Sonoma Boulevard.
Shotwell and Espinoza both pleaded not guilty to illegally peddling weed, and are out of custody on $65,000 and $35,000 bail, respectively.

via Times-Herald
Contact staff writer Tony Burchyns

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