MEDICAL MARIJUANA CASE WILL GO TO TRIAL

Judge John E. Martin ruled Aug. 25 that there was enough evidence to
go to trial in a case against a San Andreas man who tried to start a
medical marijuana collective.

Jay Smith, 37, faces felony charges of sales, cultivation and
possession of marijuana, according to Calaveras County Deputy
District Attorney Seth Matthews.

Smith was arrested as part of a sting operation executed Jan. 4 in
the Valley Oaks Center parking lot in Valley Springs. Smith claims he
was legally operating a medical marijuana collective in compliance
with California state law when he sold an ounce of marijuana to an
undercover deputy.

He said he spent months in legal preparation before starting the
medical marijuana collective, K Care Alternative Collective, in order
to make sure it was operating legally.

The Calaveras County Sheriff's Office did not agree with the legality
of the operation and after a lengthy period of communication between
Smith and an undercover detective who was posing as a legal patient
with a valid doctor's recommendation, the Sheriff's Office executed
the sting operation.

Before being arrested, Smith had the undercover deputy sign an
agreement that made him a member of K Care Collective and the deputy
paid Smith $270 for 1 ounce of marijuana.

Smith's lawyer, Ean Vizzi, and Matthews have differing
interpretations of the law regarding the legality of the defendant's actions.

In previous interviews, Smith expressed his resolve to fight the
charges to the end.

"My plan is to go to trial and continue to educate Calaveras County
on the law," Smith said. "Am I going to quit? Hell no."

Smith will appear in Department 1 of the Calaveras County Superior
Court at 9 a.m. Friday, Sept. 10, for trial setting.