OAKLAND, CA -- The way the U.S. government is acting, you’d think Jessica Sanders is the lesser-known linchpin of the medical marijuana candy-making enterprise formerly known as Tainted Inc.
Sanders and the company’s operator, Michael “Mickey” Martin, have both been hit with felony charges following a federal raid last fall.
The two other defendants arrested in the bust of Tainted Inc., Michael Anderson and Diallo McLinn, were charged with misdemeanors that carry much lighter penalties. They have been described by Martin as “the delivery boy and the dishwasher” for Tainted Inc., and appear to have had a limited role in the company.
But Sanders, who worked as an order clerk for only a matter of months, faces several years in prison and a quarter of a million dollars in fines for using a telephone to facilitate the distribution of a controlled substance.
She’s not the owner or the Chief Financial Officer. She’s not a partner in the business. She’s just the girl who answered the phones for part of 2007. Though clearly not on the executive level of the organization, Sanders is being charged like she was a key player in Tainted Inc.’s operations.
Mickey Martin & Jessica Sanders
The company, which supplied edibles to medical marijuana dispensaries all along the west coast, changed its name last year to Compassion Medicinal Edibles. It had been widely known for manufacturing a variety of marijuana-laced candy bars that parodied mainstream favorites, with a “Stoners” wrapper that mimicked that of “Snickers” and a “Reefers” design that copied “Reese’s.”
The parody designs had been discontinued voluntarily before the bust due to worries about copyright infringement. But there were other reasons behind the labeling changes. Even though Tainted Inc.’s candy bars all contained warning labels and were distributed by medical marijuana dispensaries, there were concerns that someone might mistake the marijuana-laced candy bars as being one of the mainstream confections.
That is, after all, how the investigation of Tainted Inc. supposedly began. Martin points to an incident publicized by the Drug Enforcement Administration in which a merchant marine claimed to have accidentally ingested one of Tainted Inc.’s candy bars…or at least that’s what the sailor claimed when he came out positive for THC after a random drug test.
This incident made its way to the DEA, who publicized it in its Microgram Bulletin in April 2004. A prior issue of the newsletter mentioned a case in Oklahoma where a “Snickers” parody candy bar from Tainted Inc. was seized through the U.S. Postal Service, but it was only a passing mention along with other items seized in the bust, including marijuana buds and methamphetamine. With the case involving the merchant marine, however, interest was piqued.
“A similar exhibit of a ‘Stoners’ candy bar was reported in the February 2004 issue of Microgram Bulletin,” reads the DEA report on the merchant marine case. “This is the first report of the ‘Buddafingas’ candy bar. The ‘Buddafingas’ wrapper lists the product as ‘TaiNTed / Buddafinga / diggety, dankity, peanut-buttery!’ and a consumer warning ‘For MEDICINAL Use Only.’ Both product wrappers also include marijuana leaf logos – it is therefore difficult to understand why anyone would attempt to present them as an explanation for ‘unknowingly’ ingesting THC.”
This issue of the Microgram Bulletin also contained a plea for information, claiming the DEA knew little about Tainted or its operations. “The source for these bars is currently unknown,” it reads. “An Internet search lists ‘Tainted Truffle’ (a sub-title on the ‘Stoners’ candy bar) as a supporting organization for a California based marijuana legalization lobbying group, with no further information.” The DEA then appealed for tips on Tainted…and apparently succeeded in getting them.
Mickey Martin
Martin indicates that there was a citizen informant in the case, helping the DEA to undertake an investigation that spanned two years and involved the Food & Drug Administration. This effort culminated in the September 2007 raid of Tainted Inc., the search of several properties, and arrest of four employees. The fact that the company distributed to dispensaries protected by California’s Proposition 215 meant nothing to the DEA or the FDA. Federal agencies do not recognize state medical marijuana laws, and the Tainted Inc. defendants soon found themselves facing charges in U.S. District Court in Oakland.
It appears that the cases will be resolving quickly…at least, for the most part.
Anderson and McLinn are scheduled for a change of plea and sentencing on April 7th at 10am, in front of Judge Wayne Brazil in Oakland federal court. Anderson, who was in his home state of Georgia during last February’s arraignment, must also declare his consent to proceed in front of the magistrate judge at that time. His other option would be to have his case heard by U.S. District Judge Claudia Wilken, who is presiding over the felony cases for Martin and Sanders.
Martin pled guilty last week to a felony count of conspiracy to manufacture a mixture or substance containing a detectible amount of marijuana. His sentencing is set for July 2nd, though he already has regrets. During the past month, Martin attempted to negotiate a plea deal whereby the charge against Sanders would be reduced to a misdemeanor, but ultimately he had no bargaining power to arrange it.
“It’s really heart-breaking,” Martin said of the situation. “She is being hung with the scarlet letter of a felony, cutting off her access to financial aid.”
In addition to this, Martin reported, Sanders’s dog “Doobie” was shot twice during the DEA’s search of her residence. “It is a damn shame that the prosecution felt the need to secure two felony charges for a case like ours,” Martin told supporters. “It’s petty.”
Sanders had been expected to make her own guilty plea in front of Judge Wilken yesterday, but she decided last minute to ask for a postponement instead. “I just woke up this morning and I felt shaky,” she said. “I’m not ready to make the choice. I may decide to fight this.”
Defense Attorney Randy Darr
As defense attorney Randy Darr put it to Judge Wilken, the extra time was needed for going over lengthy and complicated evidence. “I will need more time with my client to discuss the case, due to the complexity of the discovery,” he told the judge.
However, if Sanders doesn’t take a plea deal, Darr informed the judge he didn’t anticipate filing many pre-trial motions. “I don’t see any motions screaming out,” he said yesterday, “and I don’t anticipate the motions to be complex.”
Whether or not Sanders will take a plea deal or go forward with a trial remains up in the air. It’s something she will no doubt ponder in depth during the coming weeks, until her next scheduled court appearance. “It’s a pretty big decision,” she said thoughtfully. “I don’t feel comfortable with it yet.”
Jessica Sanders is scheduled to appear in front of Judge Claudia Wilken at 2:30pm on April 16th, 2008, to finalize her decision. The courtroom is on the 4th floor of 1301 Clay Street in Oakland, CA.
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