UPDATE: April 4 – One week after Davidovich’s acquittal, the San Diego DA’s office brought new charges against medical marijuana defendant Donna Lambert, over possession of two legally registered guns in her home. Deputy District Attorney Steve Walter said outside court Friday that the two jury verdicts [Davidovich and Jovan Jackson] should not be interpreted as a widespread rejection of the office’s approach to prosecuting medical marijuana cases. Read more.
March 28 – After a two-week trial, a jury has fully acquitted Eugene Davidovich on four counts of possession and sales of marijuana. Davidovich’s San Diego-based medical marijuana delivery service was targeted in a sting operation called Operation Green Rx that worked from CalNORML’s online list of collectives.
Davidovich was charged with selling marijuana to an undercover officer posing as a patient in November 2008, with a doctor’s recommendation for medical marijuana. Davidovich prevailed in his defense that the transaction was part of the legal operations of his collective. The jury deliberated for only four hours in the case.
Davidovich’s lawyer, Michael McCabe, told the Union Tribune, “The jury saw this for what it was. They thought it was a trumped up case from the get go.” Deputy District Attorney Steve Walter said the trial’s outcome is “disappointing, but we respect the jury’s verdict.”