Prosecutors are now 11-0 in their yearlong effort to convict a dozen medical marijuana collective operators, after a San Luis Obispo Superior Court judge dismissed two more defendants.
None of the so-called Doobie Dozen has even made it to trial.
On Feb. 15—the date designated as Medical Marijuana Day, after Proposition 215, which legalized cannabis for medicinal use in California—Superior Court Judge Jacqueline Duffy dismissed charges against Shelly and Rianna Allred after prosecutors said they couldn’t bring the cases before a jury.
The Allreds were arrested with 10 other county residents in the last days of 2010, following a two-month investigation into medical marijuana providers. The arrests were carried out under “Operation Green Sweep” by the now-defunct SLO County Narcotics Task Force.
Prosecutors are now one dismissal away from being swept—at least on the local level. The District Attorney’s Office has pledged to take all 11 dismissals to the state appellate court in an attempt to force some clarity on state law. According to Chief Deputy District Attorney Jerret Gran, the office has filed required paperwork for its intent to appeal.
One lone defendant, Peter Miller of Paso Robles, is still scheduled to appear at a pretrial hearing in March.
Despite the dismissals, most former defendants have yet to convince a judge to return their property—seized bank accounts, personal computers, and cannabis—which could be held during the appeal process.