San Diego County Grand Jury Complaint

Citizen Complaint Form Supplemental (1 of 2) #2 What: Subject of Complaint: On 09/09/09 San Diego County District Attorney Bonnie Dumanis orchestrated, what appears to be, a politically motivated S.W.A.T style assault on 14 medical marijuana collectives and cooperatives in San Diego County using misquoted law and personal opinions as a basis for denying the votes will regarding Prop 215, circumventing SB420 and misrepresenting the California Attorney General Guideline. Although some collectives/cooperatives directly targeted by the raids were issued a notice to discontinue operations, many others that were targeted were not issued a notice to discontinue operations, subsequently many locations simply reopened hours after being raided as these organizations are confident they are operating within the Description of Operations on each applicable business license application, Prop. 215, S.B. 420 and the California Attorney General Guidelines for the Security and NonDiversion of Medical Marijuana Grown for Medical Use, released August 2008. (Source: http://vote96.sos.ca.gov/BP/215.htm, http://www.leginfo.ca.gov/pub/03-04/bill/sen/sb_04010450/sb_420_bill_20031012_chaptered.html, http://ag.ca.gov/cms_attachments/press/pdfs/n1601_medicalmarijuanaguidelines.pdf, Corp. code 12311(b)) Many raided organizations are willing and able to prove, upon request, that they are legal and honest California Mutual Benefit Non-Profit Corporations. The District Attorney is directly violating California Civil Code Title 52.3, as these organizations are being denied the legal ability to provide “safe access” to member patients and they are under constant strong-arm, S.W.A.T. style threats of random raids and prosecutions at the opinionated whim of the most powerful legal position in the County of San Diego. These non-profit organizations were absolutely crystal clear with regard to their medical cannabis mutual benefit non-profit organizational intentions on their respective business license applications and all were issued San Diego or other county municipality business licenses, with similar land use descriptions, to conduct business as stated on the respective applications and in accordance with all state laws and guidelines regarding medical marijuana and the non-diversion of medical marijuana grown for medical use. However, none of the issuing municipality employees were arrested or detained for issuing the (Ex post facto) “illegal” business licenses as accessories to “drug dealers” as the non-profit organizations were referenced in the news conference by Ms. Dumanis in response to the raids. Additionally you should be aware that some of the raided Mutual Benefit Non-profit Corporations had been open for less than one month, however, Ms. Dumanis stated that they were operating illegally as a “for-profit” business, knowing there is not enough time to possibly substantiate or provide due diligence to make a claim of "for-profit”. (Source: http://bit.ly/H3NQv, San Diego Business License (included)) Moreover, the San Diego City Council was not involved and did not vote for the new San Diego moratorium/ban on the issuance and non-renewal of business licenses for medical marijuana collectives and cooperatives which apparently was ordered, without public involvement (Brown Act Violation?), directly from the DA’s office, “ex post facto” and as it appears by the timing of the moratorium/ban to have been the precursor to the raids referenced above. (Source: Corp. code 12311(b), Ex post facto, Brown Act http://www.ag.ca.gov/publications/2003_Intro_BrownAct.pdf) Ms. Dumanis has misquoted the Compassionate Use Act of 1996 (CUA) in news media interviews and on her Facebook webpage with respect to Primary Caregivers. What the Compassionate Use Act of 1996 actually says is "health 'OR' safety", not the 'AND' safety misquote by Ms. Dumanis. Subsequently, Ms. Dumanis uses her position of immense legal power and the same misquoted law during news media interviews as reasoning to intimidate and "indiscriminately" raid legally formed mutual benefit non-profit medical cannabis collectives and cooperatives using televised shock and awe enforcement tactics to effectively harass and terrorize the seriously ill and dying patients, their primary caregivers as well as their non-profit collective/cooperative employees and volunteers in violation of California Civil Code Title 52.3. (Source: http://bit.ly/H3NQv, http://vote96.sos.ca.gov/BP/215.htm; Civil Code Title 52.3) Furthermore, Ms. Dumanis is "on the record" with her stated opinion that Federal Law supersedes California State Law, however, according to the California Constitution such statements and actions are clearly prohibited under Article 3, Section 3.5 (c). “An administrative agency, including an administrative agency created by the Constitution or an initiative statute, has no power: “To declare a statute unenforceable, or to refuse to enforce a statute on the basis that federal law or federal regulations prohibit the enforcement of such statute” unless an appellate court has made a determination that the enforcement of such statute is prohibited by federal law or federal regulations.”

(Source: http://www.leginfo.ca.gov/.const/.article_3) (continued)

Citizen Complaint Form Supplemental (2 of 2) California Constitution, Article 2, requires changes to a voter initiative to be submitted to the voters of the state and approved by them. Thus, no Board of Supervisors, nor Sheriff, nor District Attorney, nor San Diego County District Attorney, nor Legislature, nor Attorney General, nor Governor has the legal right to change the state’s medical marijuana law. Only the voters can change or modify this law. (Source: http://www.leginfo.ca.gov/cgi-bin/waisgate) Legal precedent has been set. The California Supreme Court was presented three opportunities to declare the Compassionate Use Act of 1996 unconstitutional yet they have not only refused to do so their legal decisions have clearly upheld that the People of California had every right to pass and enforce the CUA. Ms. Dumanis's actions are in direct violation of the multiple state laws as well as a blatant attempt to nullify the will of the People of California in direct conflict with our California Constitution, the highest law in our state. (Source: www.courtinfo.ca.gov/courts/supreme/) Please be advised, members and employees of medical cannabis collectives and cooperatives arrested in San Diego County who are facing Section(s) 11357, 11358, 11359, 11360, 11366,11366.5, or 11570 charge(s) have been effectively "denied safe access" by the San Diego County medical cannabis raids that were officially ordered based on personal opinion, misrepresented information and misquoted law by Ms. Dumanis, with the assistance of several members of the San Diego Police and Sheriff Department's in direct violation of both HS 11362.78 and Ca. Civil Code Title 52.3 and is clearly a flagrant abuse of power and exaggerated use of force by the authorities involved in the raids. (Source: Health and Safety Code § 11362,775 and Health and Safety Code section 11362.81(d), California Civil Code Title 52.3) In your consideration, please apply the Checks & Balance form of governmental oversight the Grand Jury System is designed to provide. The lives and liberty of sick, disabled and dying patients as well as the good names of well intentioned, law abiding citizens are in your dedicated hands. (Source: http://www.abanet.org/media/faqjury.html) In conclusion, please understand that compassion is not being requested in this complaint, as the California voters provided the required compassion in 1996 by a 56% margin. I am, however, humbly requesting an objective review, earnest consideration and just determination of my complaint. (Source: http://vote96.sos.ca.gov/Vote96/html/vote/prop/prop-215.961218083528.html) Thank you for your time and attention. Marcus Boyd