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Controversy Continues Over Med Pot Prosecution

Many Believe Marijuana Laws Are Poorly Written

POSTED: 5:45 pm PST December 2, 2009
UPDATED: 6:28 pm PST December 2, 2009

The controversy continues over the prosecution of medical marijuana cases. Tuesday Jovan Jackson, who ran a medical marijuana dispensary, was found not guilty of all charges. However, District Attorney Bonnie Dumanis said she will continue to prosecute cases where she believes people have broken the law. She has a supporter in someone who doesn’t always agree with her: former D.A. Paul Pfingst.

"The District Attorney has to try to enforce the law, even though the law is really poorly written," Pfingst said.

Eugene Davidovich, a medical marijuana advocate, disagrees.

"I certainly hope the District Attorney takes note of the jury’s decision and the fact that medical cannabis cooperatives and collectives are legal," said Davidovich, who is facing trial in January on charges of possession and sale of marijuana.

Davidovich and Pfingst agree the medical marijuana law is poorly written, but they disagree about how to proceed.

"I don’t think it’s proper for prosecutors to take the role of physicians," said Davidovich.

Pfingst countered: "Prosecutions have to continue unless county residents want pot shops in every town, on every corner and selling pot to anyone who walks in the door.”

Pfingst thinks the courts of the legislature need to clarify the law.
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