WILL DISPENSARY OWNER STAND TRIAL?

Judge Expected To Decide Friday If Felony Charges Will Stand For 3 Men

A Riverside County judge will decide on Friday whether three men
accused of profiting from a former Palm Desert medical marijuana
dispensary will stand trial on felony charges.

Stacy Hochanadel, who owned CannaHelp in Palm Desert, and managers
James Campbell and John Bednar, all 31, contend they were running a
legal medical marijuana business under Proposition 215 and Senate Bill 420.

The men are charged with multiple drug-related felonies, including
possession of marijuana for sale and the transportation and sale of
marijuana. Authorities also contend the trio profited from the business.

Under California law, marijuana can be sold only on a not-for-profit
basis and on the recommendation of a physician.

Marijuana and financial records were seized at CannaHelp, 73-359 El
Paseo, in December 2006 during a raid by the Riverside County
Sheriff's Department.

Wednesday's testimony came on the last day of a preliminary hearing
at the Larson Justice Center before Riverside County Superior Court
Judge Eric G. Helgesen, who will decide on Friday if there is enough
evidence to send the case to trial.

During cross-examination Wednesday by Aimee Larson, Campbell's
defense attorney, sheriff's Investigator Robert Garcia testified that
the dispensary's employees appeared to be trained and educated in
medical marijuana and said that an undercover officer who twice
purchased pot on the premises was given help by employees on the
types of strains and quantities that would help his back problem.

Garcia agreed with Larson that the dispensary's actions were not
indicative of what she called typical "street-level drug dealers."

During questioning, Garcia also agreed with Larson that in his
experience, street-level drug dealers never told him they wished to
educate themselves on medical marijuana for the benefit of others.

He also agreed that none ever had an agreement with a city like Palm
Desert in order to dispense marijuana

Garcia testified that CannaHelp took several steps to ascertain
proper medical marijuana patients and conceded that the first attempt
by an undercover officer to buy pot in the dispensary failed because
employees could not verify his physician's recommendation.

On Tuesday, Garcia testified that Hochanadel was operating a $1.6
million business for profit.

But he admitted under cross examination that there was no way to
verify salaries on a weekly basis and that he never investigated the
dispensaries' other expenses, like utilities and rent.

Garcia said under cross-examination that the undercover agent who
twice purchased marijuana from the dispensary did so with
identification and a physician's note but did not have county
identification cards.

At the end of Wednesday's hearing, Larson also argued Campbell's
Miranda rights were violated and asked the judge to disallow any of
his statements given to deputies during the Dec. 1, 2006, raid.