Legal Issues Still Cloudy For Medical Pot In San Diego - CBS News 8 - San Diego, CA News Station - KFMB Channel 8

Legal Issues Still Cloudy For Medical Pot In San Diego

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The County of San Diego stated taking applications today for medical marijuana ID cards. But while the cards may protect patients, the legal issues surrounding the sale of medical marijuana are still cloudy.

Undercover police video shows a medical marijuana sale in Pacific Beach. The seller thought he was following state law by selling medical marijuana as part of a collective, until he got busted.

"My house at 7 a.m. was raided by an armed team of narcotics detectives. I was hauled off to jail and charged with four felonies," medical marijuana user Eugene Davidovich said.

After his arrest, Davidovich lost his job. The district attorney held a news conference to announce felony charges.

"Patients and collectives in San Diego are not safe.  It appears our leadership is trying to shut down all collective cultivation in San Diego," Davidovich said.

Collectives are legal under state law, as long as they provide care to medical marijuana patients and operate as nonprofits. Kearny Mesa's Top Quality Collective owner Jordan Jarvis applied for his medical marijuana ID card Monday morning.

"We can now go get ID cards that should be respected by law enforcement on sight without harassment," Jarvis said.

Medical Marijuana is still illegal under federal law, so having a state issued ID card may not protect patients from prosecution. At the San Diego County District Attorney's office, the issue is not that clear-cut.

"The D.A. has publicly supported the right of people who are sick to have compassionate use of medical marijuana as recommended by a physician," deputy district attorney Damon Mosler said.

But the D.A. may prosecute if the collective is not the patient's primary caregiver, or if the seller is making a profit.

"Our view is clearly if you are selling marijuana, you are in violation of the law. If you are not providing care, then you are profiteering and making money for yourself," Mosler said.

Davidovich is scheduled to be in court for a preliminary hearing next Monday.

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