MANAGER OF MEDICAL POT DISPENSARY IS ACQUITTED

He faced 5 charges of sales, possession

SAN DIEGO COURTS -- A Navy veteran who was the manager of a medical
marijuana dispensary was acquitted of five charges of possessing and
selling the drug illegally yesterday, a verdict that emboldened
medical marijuana activists and was a setback for San Diego
prosecutors who have aggressively pursued medical marijuana cases.

Jovan Jackson blinked, began to sigh, then started to weep as the
court clerk in San Diego Superior Court Judge Cynthia Bashant's
courtroom ticked off one "not guilty" verdict after another on the
possession and sales of marijuana charges he faced.

Jackson was convicted of possessing the drugs Ecstasy and Xanax,
however. Those charges were not the focus of the case, and he likely
will not spend time in prison for them.

After the trial, which began Nov. 20, the jury foreman said that the
ambiguity and lack of clarity in California's medical marijuana law
tipped the balance in favor of Jackson.

Ed Fowler said the law is unclear on the definition of a collective
or cooperative, so the panel had to find Jackson not guilty.

Jackson, 31, was the manager of the Answerdam Alternative Care in
Kearny Mesa. San Diego prosecutors alleged that instead of dispensing
medicine, Jackson was in the business of illegally selling the drug
for profit.

Prosecutor Chris Lindberg argued that the dispensary sold marijuana
to anyone who came in. San Diego police conducted undercover
purchases in June and July of last year. One detective paid a $20
membership fee and provided a doctor's recommendation but signed up
with a false name.

At the trial, Jackson's lawyer, Lance Rogers, argued that the
dispensary complied with the law, requiring members to have a
doctor's recommendation to use the drug and sign a membership agreement.

The jury deliberated about a day before reaching its verdict. Perry
Wright, another juror, said afterward that clarifying the state's
medical marijuana law is needed if there are to be more
prosecutions.

"If you are going to hold someone to the law, you have to define that
law," Wright said.

Medical marijuana activists said the verdict should send a message to
District Attorney Bonnie Dumanis about bringing more cases and to
local law enforcement that has orchestrated raids on
cooperatives.

"I hope today this sends a signal that this has to stop," said Donna
Lambert, a medical marijuana patient who was in the courtroom for the
verdict and supported Jackson.

The most recent wave of raids occurred in September, shutting down 14
medical marijuana storefronts and leading to 31 arrests. One of those
arrested was Jackson, who is facing charges stemming from that arrest.

The other cases are under review.

Lindberg said after the verdict he was disappointed but respected the
jury's decision and work on the case. He indicated that the verdicts
will not halt medical marijuana cases, and if people are not obeying
the law, they will be prosecuted.

Jackson said outside court that he was thankful. "I'm glad this day
has finally come," he said.

His lawyer, Rogers, said that the verdicts "are a big win, not just
for Jovan Jackson but for everyone who is a target of the DA's raids."