Court in San Diego Medical Marijuana Case Denies Valid Request for Dismissal

by on September 4, 2009 · 17 comments

in Civil Rights, Election, Health, Media, San Diego

Donna Lambert’s Trial Set for October, Supporters Urge District Attorney to End the Case Now

SAN DIEGO – A San Diego County Superior Court today denied medical marijuana patient Donna Lambert’s request for dismissal. Ms. Lambert’s supporters urged District Attorney Bonnie Dumanis not to pursue the case, to uphold the state’s medical marijuana laws and to turn law enforcement’s attention to matters of public safety not politics.

“I’m disappointed at today’s ruling, but I am resolved to fight this egregious case against me,” said Ms. Lambert, who faces seven felony counts for providing medical marijuana to another qualified patient. “I have not broken the law, and I have no intention of letting this county just run over my rights, and the rights of all medical marijuana patients, to follow doctor-recommended treatment and to help each other.”


Ms. Lambert is one of 14 medical marijuana patients arrested earlier this year after undercover law enforcement agents worked for six months to become qualified medical marijuana patients and join lawful collectives. At a February press conference, the District Attorney said these arrests were part of an action called Operation Endless Summer aimed at “people who were preying on military housing.” Ms. Lambert’s case stems from help she provided to one undercover agent, who had a valid doctor’s recommendation. [Case: #ACL004] No members of Ms. Lambert’s collective belong to the military.

“Donna Lambert is on trial because the District Attorney is up for re-election next year. This is about headlines, not justice,” said Margaret Dooley-Sammuli, deputy state director for the Drug Policy Alliance. “This may be politics as usual for Ms. Dumanis, but it is life and death for Donna.”

Ms. Lambert, a 47-year-old San Diego resident, began relying on marijuana to cope with chemotherapy. She struggles with a number of serious illnesses, including hepatitis C, cirrhosis, cancer and Sjoegrens Disease. She formed a collective with a few other patients in 2006 after federal and local agents raided and closed San Diego’s medical marijuana dispensaries.

Ms. Lambert’s case is one of the first cases to be tried since both President Obama and US Attorney General Holder said they would not spend federal resources to undermine state’s medical marijuana laws. It is also one of the first medical marijuana cases since the US Supreme Court refused to hear San Diego County’s bid to overturn California’s medical marijuana laws.

Drug Policy Alliance
www.drugpolicy.org

{ 17 comments… read them below or add one }

avatar Shawn Conrad September 4, 2009 at 1:14 pm

I am misunderstanding this case I believe.

So, she worked with police in a MJ coop and then was arrested for dealing or some similar charge?

People need to give up the fight against criminalized MJ. It seems like a total waste of time and money.

Reply

avatar Lane Tobias September 4, 2009 at 2:38 pm

my understanding is that she was arrested by undercover agents posing as patients at a legal dispensary, as part of an operation going after people who helped folks in the military obtain legal weed.

Maybe someone from DPA can be of more help with details, but either way, this is a waste of time and money and really, people should be more upset about this. Nobody has money – the city, the county, the state – and yet Bonnie wants to use a pointless case as a springboard into an election. Awesome.

Reply

avatar nunya September 4, 2009 at 4:19 pm

I don’t even like marijuana and I find the medical marijuana witch hunts ridiculous. Doesn’t Bonnie have better things to do?

Reply

avatar Shawn Conrad September 4, 2009 at 8:06 pm

It is a plant that comes from the ground.

what
is
the
issue
?

Reply

avatar Donna Lambert September 5, 2009 at 9:27 pm

My name is Donna Lambert. This is what happened. I got really sick in 2004 and in 2005 I went on chemotherapy. They gave me 5 additional pharmaceuticals to countereffects the chemo shots and 8 chemo pills a day. The doctor suggested to me I try marijuana. I thought it was kind of funny to hear a doctor say that. I was very sick, and the nice people at one of those stores LEI, helped me out for free, even though I never asked for a handout. Propaganda was put out by the DA and the stores were raided and closed. I and my friends who were also sick began to grow and share, I allowed another patient who told me that he was temporarily living at a relatives home (obviously could not be growing for himself)to purchase marijuana AFTER he provided all the medical rec info to me and AFTER I confirmed that he was a valid medical marijuana patient. I also provided to him at what the cop said was 30% below street value. (Nonprofit). For a total of two quarter ounces of marijuana, they did a swat style raid on my home and pointed assault rifles at me and tore my house apart. The mess took me months to clean up, after I was released from jail. They also arrested many other medical marijuana people (around 18). Most pled guilty right away in exchange for no jail time. I just have such a strong moral belief that marijuana is beneficial and legal, and that the government should be respecting the will of the people, that I cannot morally sign their papers agreeing that I am a criminal. NOT POSSIBLE. I am not a criminal. I did not break the law. I tried to help a cop who went to a doctor and lied about his symptoms to obtain a valid ID.
The question in court is, “Can one medical marijuana patient help another and be exempt from sales charges?”. The answer is a clear YES, but San Diego has not yet accepted that. If you read this can you please call DA Steve Walters and ask him to drop the case against Donna Lambert (Case ACL004). Also, please register to VOTE, in small local elections like the one next June, your vote does matter. As little as 50 votes can make the difference between a politician who respects our rights, and one who believes they are a dictator unto themselves. I am also on facebook, so feel free to say HI, if you are on there.

Reply

avatar Donna Lambert September 5, 2009 at 9:45 pm

Drug Sting, No military Ties
What Lane is talking about is that the DA rented a house in Pacific Beach in a normal looking neighborhood. The navy owns several of those homes, but have been selling them off for over ten years and there is no indication at all that there is any military connection. The District Attorney rented a house that the navy owned. Then they spent several months entrapping medical marijuana people in what they called “operation GreenRx”. They additionally went and found unrelated meth, ectacy and coke dealers around PB and lured them to the same house. 33 people total were arrested. (14 medical marijuana). A reporter gave me all the names and I went to the courthouse and looked them all up. There was no crossover of medical marijuana people providing other drugs. The DA went on tv and announced that “they had captured “dangerous drug felons preying on military housing sites across the county.” The DA had planned the entire operation so they knew full well that they were lying to the public when they said this. I am a 47 year old very sick person with no criminal record, hardly a “dangerous drug felon.”
If anybody out there feels like this is stupid, illegal,or just a plain waste of taxpayer money, please call DA Steve Walters and give him your input and please ask him to drop the case against Donna Lambert (acl004). Thank You.

Reply

avatar Donna Lambert September 5, 2009 at 9:50 pm

I am sorry. The district attorney phone number is (619)531-3784 and my case number is ACL004. Your phone call can actually make a difference. Thank You.

Reply

avatar Evan Ravitz September 5, 2009 at 10:10 pm

Desperate DAs are pursuing every last dollar and bit of publicity from the “justice” system before their biggest cash crop -persecuting pot smokers- disappears with prohibition. I can see their future signs “Will Prosecute for Food”

Reply

avatar Wayne S. September 6, 2009 at 1:24 am

I find this whole case ridiculous. Donna is a good friend and she was only trying to help out people like herself get the medicine they need. What the San Diego Police dept. did was entrapment and is illegal. The undercover officer illegally obtained a medical marijuana recommendation by lying about his symptoms to the doctor. This poor woman has been through alot and needs as much support as we can give. I hope this case sets precedence and helps all medical marijuana users. AND I REALLY hope this opens up the possibility of a lawsuit against the police and county. I know Donna is not in it for the money, being that she gave the officer the medicine at below street value, but I do hope she sues them in civil court after a jury of her peers recognizes the ridiculousness of her case and drops it. We love you Donna…fight on…..for all of us!!

Reply

avatar lane tobias September 6, 2009 at 1:21 pm

thank you for clearing this up. This press release was sent directly by a good friend of mine who works for DPA in Santa Fe, but thought it would be of interest to me and ob rag readers. Clearly it is. It looks like there is a lot more to say about this…..

Donna keep on fighting. We will try to drum up some support and get some calls into the DA – not just some. A lot.

I am definitely no lawyer – but Frank, isnt there some kind of entrapment here? If not, why?

Reply

avatar Shawn Conrad September 8, 2009 at 9:59 am

Lane,

I assume it has to do with strong ties between MJ and terrorism. Every joint you purchase gets Osama Bin Laden another round of kidney dialysis.

These cops are trained from day one that MJ is the devil just like freedom is.

Reply

avatar Shawn Conrad September 9, 2009 at 12:35 pm

P.S.

I am going to get my card this Saturday. The OB Rag is causing me stress. I blame you all for having to smoke high grade marijuanna.

Thanks a lot

Reply

avatar jeb September 9, 2009 at 6:26 pm

I wonder what law enforcement and prosecutors would do if we the people pointed guns at them and tore up their houses by the masses? Not that I suggest this, but what if? They all would have a change of heart as did the days of our U.S. revolutions.San Diego has some bad, bad representatives for doing what they are doing… Do they think that they are above the law? YES they do. WE THE PEOPLE OWN THEM BY DEFAULT, WE ARE THE EMPLOYER AND THEY THE EMPLOYEE..1 year of the people stop paying county property tax will close them down fast,no $$ to operate their offices means? YEP THEY LOOSE THEIR JOBS.So what if one has to pay a small penalty and interest, shutting them down is well worth it.It’s No different than removing a toy from a child acting bad, they learn eventually to behave themselves.

Reply

avatar Wayne S. September 11, 2009 at 1:19 am

I cannot believe these morons are still raiding dispensaries. They shut down another dozen or so on wednesday. For the people, not against the people. Please everyone, let’s vote Dumanis out next year. I’m originally from Boston and every time I hear that NY accent I feel ill.

Reply

avatar SunflowerPipes September 14, 2009 at 10:52 pm

There are many persuasive arguments on why America should legalize marijuana, the problem is that fact has not translated into real political pressure on the people who can change the laws. One of the problems inhibiting legalization is that people that smoke a glass pipe or a hand rolled marijuana cigarette are not considered serious or mature. It is this stigma and the illegal nature of pot that makes people hide their use from public view but the reality of who smokes pot is very different than it seems. Marijuana Legislation is a serious issue and that has profound effects on crime the economy and society. In the end it is up to us to be public about our choices and to voice our opinions to the ones that ultimately decide what is legal. Every hand written letter that makes it to a representative is considered to be the voice of a thousand people who did not take the time to write. Send an email, send a letter, make a phone call and get counted.

IMPIart.com

Reply

avatar herb folks September 19, 2009 at 7:51 am

Medical cannabis patients are citizens of the state of california, but this count does not follow the law. Henceforth it shall be known as New Berlin (the county formerly known as San Diego). End the war on patients, o christian nation.
peace

Reply

avatar alex grant September 3, 2016 at 1:16 am

Valuable ideas , I Appreciate the facts . Does someone know where my company can get access to a blank CA CIV-110 copy to edit ?

Reply

Leave a Comment

Before clicking Submit, please complete this simple statement to help us weed out the bots... Thank you! *

Older Article:

Newer Article: