[Farm A.C.]

Charges Dismissed for Cannahelp Owner, Managers

Posted: May 5, 2008 10:36 AM

Updated: May 5, 2008 11:51 AM
Cannahelp was located in an El Paseo business complex before it shut down.
Cannahelp owner Stacy Hochanadal contended that none of the marijuana sold at his dispensary was for profit.


KESQ.com news services

A judge Monday dismissed criminal charges against the former owner of a Palm Desert medical marijuana dispensary and his two managers, but prosecutors said they will appeal the ruling within 60 days.

Stacy Hochanadel, who owned the now-defunct CannaHelp, and his managers James Campbell and John Bednar, all 31, were arrested in December 2006 and charged with felony possession of marijuana for sale, transport and sale of marijuana, and keeping a place to sell controlled substances.

Marijuana and financial records were seized at the dispensary, 73359 El Paseo, during a raid by Riverside County sheriff's deputies.

Last month, however, Riverside County Superior Court Judge David B. Downing quashed a search warrant used by the sheriff's department to obtain evidence against the three men.

Downing said following his April 4 ruling that he had concluded the defendants were in compliance with the state's Compassionate Use Act and operating a "legitimate business."

Downing also concluded that the affidavit in support of the search warrant was flawed because Robert Garcia, the sheriff's investigator who prepared it, was not adequately trained in handling medical marijuana cases.

The judge said that Garcia wrongly asserted the dispensary made a $1.6 million profit. Garcia later acknowledged that most of the money was used to buy more marijuana and pay expenses.

During a trial readiness conference today, Deputy District Attorney Richard Cookson told Downing prosecutors were unable to proceed to trial due to lack of evidence.

The judge subsequently dismissed the criminal charges against the three men because "there is no evidence in this case. I suppressed it."

Outside court, Cookson said his office would appeal Downing's ruling with the 4th District Court of Appeal in Riverside within 60 days.

"They clearly broke the law," according to the prosecutor, who said he felt confident the appellate court would rule in prosecutors' favor.

Cookson said the appeal would be a "lengthy process" and could take as long as 18 months.

The defendants contend they were running a legal medical marijuana dispensary under California law, which allows marijuana to be sold on a nonprofit basis to patients with a doctor's prescription, although it remains illegal under federal law.

During a preliminary hearing in December to determine if there was enough evidence to order the three defendants to stand trial, Garcia testified that an undercover officer twice purchased medical marijuana on the premises for what he said was a back problem.

However, he also said CannaHelp tried to comply with the law and that the dispensary refused to sell to the first undercover officer who tried to purchase marijuana because the employees could not verify his doctor's prescription.

Garcia also conceded that the defendants never tried to hide their business from law enforcement and that it would be unfair to compare them to street-level drug dealers.

Following today's hearing, Hochanandel's attorney Ulrich McNulty said his client had an "excellent shot" during appeal because the affidavit in support of the search warrant lacked probable cause and the sheriff's investigator who prepared it did not qualify as an expert on medical marijuana.

Bednar's attorney, Phil La Rocca said last week the three men were willing to take the case to the California Supreme Court if necessary.

http://www.kesq.com/Global/story.asp?S=8272406&nav=9qrx

[Thraxz]

So what I get is that the D.A. is going to pursue this until he gets the outcome he wants, not the outcome the people or judge and jury want.. Cool goes back to I am bad because of what you think right..LOL!! How small minded we've become..
Good luck all, and God bless. Try to be open minded today, It my save a life!!
Just my opinion!!

[BrattonBasher]

Great news and I personally think the D.A. will quietly drop any appeal.

[Greenbud]

Great use of taxpayer's dollars. DA is a vindictive bastard. Bet he's a Bushy.

Guessing it's an elected position. Remember his stance come next election and vote him out!!!

GB

[949Kush]

Wow, I was gonna post the same story!!

Judge dismisses charges against CannaHelp owner, managers
The Desert Sun wire services • May 5, 2008

Share this article: Del.icio.us Facebook Digg Reddit Newsvine What’s this?
A judge today dismissed criminal charges against the former owner of a Palm Desert medical marijuana dispensary and his two managers, but prosecutors said they will appeal the ruling within 60 days.


Stacy Hochanadel, who owned the now-defunct CannaHelp, and his managers
James Campbell and John Bednar, all 31, were arrested in December 2006 and
charged with felony possession of marijuana for sale, transport and sale of
marijuana, and keeping a place to sell controlled substances.

Marijuana and financial records were seized at the dispensary, 73359 El Paseo, during a raid by Riverside County sheriff's deputies.

Last month, however, Riverside County Superior Court Judge David B. Downing quashed a search warrant used by the sheriff's department to obtain evidence against the three men.

Downing said following his April 4 ruling that he had concluded the defendants were in compliance with the state's Compassionate Use Act and operating a ``legitimate business.''

Downing also concluded that the affidavit in support of the search warrant was flawed because Robert Garcia, the sheriff's investigator who prepared it, was not adequately trained in handling medical marijuana cases.

The judge said that Garcia wrongly asserted the dispensary made a $1.6 million profit. Garcia later acknowledged that most of the money was used to
buy more marijuana and pay expenses.

During a trial readiness conference today, Deputy District Attorney Richard Cookson told Downing prosecutors were unable to proceed to trial due to
lack of evidence.

The judge subsequently dismissed the criminal charges against the three men because ``there is no evidence in this case. I suppressed it.''

Outside court, Cookson said his office would appeal Downing's ruling with the 4th District Court of Appeal in Riverside within 60 days.

``They clearly broke the law,'' according to the prosecutor, who said he felt confident the appellate court would rule in prosecutors' favor.

Cookson said the appeal would be a ``lengthy process'' and could take as
long as 18 months.

The defendants contend they were running a legal medical marijuana dispensary under California law, which allows marijuana to be sold on a nonprofit basis to patients with a doctor's prescription, although it remains illegal under federal law.

During a preliminary hearing in December to determine if there was enough evidence to order the three defendants to stand trial, Garcia testified that an undercover officer twice purchased medical marijuana on the premises for what he said was a back problem.

However, he also said CannaHelp tried to comply with the law and that the dispensary refused to sell to the first undercover officer who tried to purchase marijuana because the employees could not verify his doctor's prescription.

Garcia also conceded that the defendants never tried to hide their business from law enforcement and that it would be unfair to compare them to street-level drug dealers.

Following today's hearing, Hochanandel's attorney Ulrich McNulty said his client had an ``excellent shot'' during appeal because the affidavit in support of the search warrant lacked probable cause and the sheriff's investigator who prepared it did not qualify as an expert on medical marijuana.

Bednar's attorney, Phil La Rocca said last week the three men were willing to take the case to the California Supreme Court if necessary.

[949Kush]

I wonder if they can ever re open? It was less than a mile from my house!!

[waytek98]

Wow! Essential Herbs has reopened in Palm Springs and now Cannahelp is moving too? That means that we now have 4 dispensaries!!! :)

[420friendly420]

Im so stoked to hear the charges were dropped against CannaHelp!! I bounce back and forth between San Diego and Palm desert depending on the time of year and CannaHelp was so legit. So when I heard the owners were being arrested and jailed i thought how can this happen? I guess the only way to benefit from our laws is to be someone who writes, signs, or enforces them because NO ONE LOOKS AT THE PEOPLE WHO PUNISH US for using a medicine that obviously works. I bet there are plenty of hipocritical, powerful people that punish us becuase it puts money in their pocket and puts the attention on the dispensaries. HOW DARE THEY!