Troubling Trend of $1 Million Bails in Medical Marijuana Cases
June 14th, 2010Posted by Kris Hermes
A troubling trend of excessive bails in medical marijuana cases has begun to occur over the past month. The operators of a long-standing Santa Barbara dispensary, currently held on $1 million bail each, are the latest victims of this unprovoked attack on medical marijuana providers. On Friday, the Santa Barbara Police Department and Sheriff’s Department raided HortiPharm, a medical marijuana dispensary operated by Joshua and Dayli Braun. Police also raided a restaurant owned by Dayli Braun, and several other locations, seizing large amounts of medical marijuana and growing equipment, and arresting a total of 7 people. According to reports received today by Americans for Safe Access, the District Attorney has issued a warrant for HortiPharm’s bookkeeper and also intends to hold him on $1 million bail.
Less than three weeks ago, on May 26th, a San Fernando Valley dispensary operator was held on $1 million bail after Sheriffs from Los Angeles and Ventura raided two of his distribution facilities and Ventura County home.
Needless to say, holding people on $1 million bail is rare and typically reserved for people accused of seriously violent acts, not for those simply providing medicine to patients. In theory, we are supposed to be protected from unreasonable bail under the Eighth Amendment to the U.S. Constitution. Arguably, the excessive bails we are seeing in recent medical marijuana cases are a violation of those rights. The Santa Barbara District Attorney’s office claims that HortiPharm violated the terms of the Compassionate Use Act, but has failed to provide any evidence. And, do such claims even justify holding people on million dollar bails?
Two recent acquittals of dispensary operators by jury trial in San Diego have shown that criminal prosecution may not be the best way to address the issue of medical marijuana distribution. Local officials in Santa Barbara, Los Angeles, Ventura and elsewhere would do better to approach alleged local or state law violations with civil, not criminal, actions. Keeping people needlessly locked up using excessive bail is not the right approach for a public health issue like medical marijuana.
June 16th, 2010 at 6:28 am
It seems in part that California is going backwards?? Is it really getting better for us; that are tring to help the sick? In fact they have us on the same radar as child molesters, and murders!!!!! Something is very wrong with this
June 19th, 2010 at 12:35 pm
In Case 8CA10541 ,the charge was a misdemeanor, and the defendant/real victim was given no bail for a WHOLE MONTH
by Judge Maria Stratton. The case was dismissed with prejudice at trial. The Los Angeles City Attorney’s office is a criminal enterprise. Judges are not doing their jobs. Judge Maria Stratton must be investigated.
June 20th, 2010 at 2:17 pm
This is so crazy!!! Pot IS ALREADY LEGAL> Why cant the Feds face it. this si present day prohibition. There is no MADD or mothers against Stoners MAS or Medical Marijuana MAMMP patients & i dont believe there ever will be!! There are bigger fish to fry in the world. Its My medicine< Stay out of it GOVERMENT cuz i dont want yours!
July 13th, 2010 at 9:35 pm
the state may need to be sued imo for letting the counties behave like there are no guidelines. the law is pretty clear, look it up on the calif DPH website under medical marijuana program as far as where responsibilities lay. this is election year politics gone dangerously out of hand and I think the supreme court needs to hear for an emergency injunction.