Stacy
United States v. Stacy
Opinion
Opinion
Moskowitz, J.
ORDER DENYING MOTIONS TO DISMISS INDICTMENT
Defendant James Dean Stacy has filed (1) a motion to dismiss the Indictment because it is in violation of the Tenth Amendment; (2) a motion to dismiss the Indictment as a violation of due process; and (3) a motion to dismiss the Indictment because the prosecutor is acting in direct conflict with the U.S. Department of Justice policy. On January 20, 2010, the Court held a hearing on Defendant’s motions. For the reasons discussed below, Defendant’s motions to dismiss the Indictment are DENIED.
I. FACTUAL BACKGROUND
From June 2009 until September 2009, Defendant operated what he claims was a “medical marijuana collective” called “Movement in Action,” located at 1050 South Santa Fe Avenue, Vista, California. According to Defendant, he took great care to make sure that his cooperative was formed and operated in compliance with California law, specifically the Compassionate Use Act (“CUA”) and the Medical Marijuana Program Act (“MMPA”), Cal. Health & Safety Code §§ 11362.5 , et seq., 11362.7.
In July and August of 2009, Defendant sold marijuana on three separate occasions to an undercover detective from the San Diego Sheriffs Office. Each…