Stacy
United States v. Stacy
Opinion
Opinion
Moskowitz, J.
ORDER DENYING DEFENDANT’S MOTION TO PRESENT CERTAIN DEFENSES AND GRANTING UNITED STATES’ MOTIONS IN LIMINE TO PRECLUDE DEFENSES
Defendant James Dean Stacy has filed a motion to allow him to present an entrapment-by-estoppel defense at trial, or, in the alternative, a public authority defense. The United States has filed motions in limine to preclude an entrapment defense, advice of counsel defense, “medical marijuana” defense, medical necessity defense, and public authority defense. For the reasons discussed below, the Court DENIES Defendant’s motion and GRANTS the United States’ motions in limine.
I. 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.
In July and August of 2009, Defendant sold marijuana on three separate occasions to an undercover…