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SAN DIEGO COUNTY CONTINUES MEDICAL MARIJUANA PROSECUTION OF TERMINALLY ILL PATIENT PDF Print E-mail
States - California
Written by Mark Robert Bluemel   
Friday, 02 April 2010 08:35

13 months after her arrest in Operation GreenRx, Donna Lambert will face additional charges to her 7 felony count for medical marijuana

SAN DIEGO - On Friday, April 2nd at 1:30pm, Donna Lambert has been ordered to be arraigned on additional charges stemming from her arrest in the Operation GreenRx Sting in San Diego County last February 2009.  San Diego County is well known for its fierce attempt to overturn California's state medical marijuana laws. Advocates have long criticized the San Diego District Attorney's office for targeting and prosecuting medical marijuana defendants who collectively associate under the Medical Marijuana Program Act.    


These additional charges come directly on the heels of the quick acquittal of the only other defendant of the 14 medical marijuana collectives to go to trial.  The other 12 arrested accepted plea bargains.  On paper, the District attorney, through fear, obtains a 94% conviction rate.


Deputy Chief Prosecutor Head of Narcotics, Steve Walter is prosecuting this case of two quarter ounces of medical marijuana, which a preliminary judge already stated Donna Lambert, "clearly was not in it for profit".


At the 995 hearing, both the Head of Narcotics and the judge agreed that the Attorney General guidelines had no standing in court, as "they were opinion, not law."
Steve Walter also stated that the San Diego District Attorney wished to establish that no exchange of marijuana for money between patients was legal, although he admitted he had not read current case law.  Mr. Walters went on to explain that this was a political case.  This may be politics for the district attorney. But this is life and death for Donna Lambert,” said Margaret Dooley-Sammuli, deputy state director for the Drug Policy Alliance in  Southern California .


Donna Lambert states, "I thought it was unconstitutional to prosecute based on political bias.  In addition, the stress of continued court dates has caused a worsening of my physical health problems which include cancer, cirrhosis, arthritis and Sjoegrens disease.  More skin cancer was found in January, and I am having medical tests done on my heart and lungs to see if the Sjoegrens disease has been causing the chest weakness and shortness of breath I have been dealing with also since January.  I already sleep 12-16 hours per day and the continued stress if not good for my health."


Operation GreenRx was a targeted attack on medical marijuana collectives in San Diego.  It appears that grant money obtained to target gangs trafficking drugs in the military was diverted to attack San Diego's medical marijuana community.  Although the amount of the people arrested at one time drew attention, San Diego is well known for its total disregard for state law.  Medical marijuana patients are routinely arrested, charged as narcotics offenders and offered plea bargains if they will initial forms agreeing to register as narcotics offenders.  

Where: Downtown San Diego Courthouse 220 W. Broadway.                                         

When: April 2, 2009, at 1:30pm.  Defendant will be sent out of department 11.


Why: Additional charges to be filed in Donna Lambert’s case (#ACL004) in a kind of let's throw in the kitchen sink and see if anything sticks style of prosecution of medical marijuana activities that have already been zoned and licensed in 51 cities in California. 


Undercover San Diego Police Detective Scott Henderson lied to a doctor to obtain a valid medical marijuana recommendation and then reached out to Ms. Lambert for help. After verifying his recommendation and providing him with medicinal marijuana, Ms. Lambert faces seven felony counts.


Contact:

Mark Robert Bluemel (619) 220-0466

Mara Felsen (949) 235-6272


Comments (1)Add Comment
0
san diego da's office above the law?
written by jim maloney, April 03, 2010
i think it was thomas jefferson who said that those willing to trade freedom for security deserve neither. political? aren't our elected representatives supposed to represent us, the people who put them in there to do just that? aren't they supposed to uphold the laws of the land, rather than bend and break them until they've essentially written their own de facto law in contridiction to the laws the people fought to protect? who they coming for next? we have some bozo in new york state who wants to fine restaurants for serving transfats. our governor wanted to charge extra taxes for people who preferred regular over diet soft drinks. enough is enough! the more we allow them to do this, the more freedom filching they'll do. take a stand! get them out of our bedrooms and out of our private lives period. if a doctor deems a certain medicine appropriate, who are they to deny us! it's time we got back to the values this country was founded on.....before big money ran the show. freedom to live as we please, so long as we don't hurt other individuals in doing so! and corporations are not individuals. need should trump greed anyday!

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