For profit or not, it did not matter on December 1, 2009. In the case of the People vs. Jackson the jury decided “very quickly” and the verdict proves “conclusively” that due to the “medical marijuana affirmative defense”, a jury cannot convict anyone in a collective or cooperative of “selling marijuana for profit” because selling marijuana for profit is not strictly forbidden in the law that allows for an affirmative defense.
Thankfully, our court system and the law require “proof beyond a reasonable doubt” to find a defendant “guilty” of a crime… “Vague law” and “reasonable doubt” mixed together in a trial will mean an acquittal from every jury that follows the law during deliberation.
(As long as your attorney is not an idiot, however beware many are…)
Immediately following the verdict the jury from the Jackson case provided far more information than ANY mainstream media has reported to-date. This landmark verdict is further proof that the mainstream media facilitates prohibition and the San Diego County local media “just loves them some Bonnie Dumanis”. (see the jury video)
However despite the prohibitionist media efforts, subsequent to the Jackson case for-profit sales of medial marijuana has proven in court to be legal in the State of California as long as all sales are through a collective or cooperative organization. Regarding collectives & cooperatives, jurors said;
“…the prosecution gave his kind of narrow definition during the closing arguments but there was nothing in the law that really backed that up…”
…other jurors said…
“…when you have an issue of doubt, the law shows that the benefit of that doubt NEEDS to go to the defendant…”
…and went on to say…
“…we had no evidence on the table that there could not be a profit in a cooperative…”
The same “legal theory” the California Prohibition Clan has been feeding the public about “sales not being legal” applies to the “profit / non-profit” issue. Check the written law, it does not say you can not profit just as it does not say you can not sell.
The law is a California initiative and can not be changed except by another initiative or appellate court decision.
The law is the law, vague is vague and the sales of medical marijuana for profit is legal, with the right lawyer, of course.