Facebook
Fark
Digg
Reddit
Stumble
Top, from left: Sean Kinshella, Daniel Kinshella and Christine Kinshella. Bottom, from left: Kimberly Simons, Jesse Moffett and Ryan Bondhus.
By Dave Toplikar (contact) 
Wednesday, June 22, 2011 | 11:24 a.m.
Jolly Green Meds
Sun Coverage
As protesters stood with large signs on the street corner outside, six defendants and their attorneys crowded inside a Las Vegas courtroom today to begin what could be a lengthy court battle over Nevada's medical marijuana law.
“We’re hoping it shines light on the law that’s broken and hopefully we can fix it,” said Sean Kinshella outside the Clark County Regional Justice Center at the corner of Third Street and Lewis Avenue.
Kinshella, 29, is one of six defendants charged with multiple felony counts of breaking a state law regulating the way medical marijuana may be obtained in Nevada by allegedly operating a business that sold it for about three months.
The others are Daniel Kinshella, 50; Christine Kinshella, 24; Kimberly Simons, 26; Jesse Moffett, 33, and Ryan Bondhus, 27.
They were indicted by a grand jury on May 20 for 16 felony counts that included sale of marijuana, conspiracy to sell marijuana, possession of a controlled substance with intent to sell and maintaining a place for sale of a controlled substance.
They each pleaded not guilty today during their arraignment before District Judge Douglas Smith.
Smith said he wanted to be cautious "and not storm through" the case because it was the first time for the law to be dealt with in district court. The judge noted that all of the defendants are out of custody on bail.
Although Nevada's constitution was changed by voters in 2000 to allow the use of marijuana for medical purposes, Nevada law doesn't allow the the sale of medical marijuana. Medical marijuana patients or caregivers must grow their own marijuana in amounts not exceeding state laws. Smith told attorneys that his initial understanding of the law is that one can possess two adult plants and two juvenile plants.
"The problem is that you can't sell them," Smith said. "And that's what we're going to have to resolve in this trial."
Smith said his understanding is that the defendants were taking donations for the cannabis products at the business.
"Whether you say this is a donation or this is to sell, they are still marketing marijuana, apparently," Smith told attorneys. "This is for motion purposes and not for guilt. I want you to know I haven't formed an opinion."
Meanwhile, at the request of Chief Deputy District Attorney Tina Sedlock, Smith set a tentative date for the jury trial of 10:30 a.m. March 26, 2012.
Some of the motions that were filed while the case was in Las Vegas Justice Court will be transferred to district court and will be heard at 8 a.m. next Wednesday, Smith said. He told attorneys that the defendants themselves do not need to attend next Wednesday's hearing.
The case began on Nov. 23, 2010, when Metro Police raided Jolly Green Meds, 7710 W. Sahara Ave., a business Sean Kinshella, its president, described as an “association” that served about 500 owner clients.
In the raid, police found about 5 pounds of marijuana and more than 22 plants at the business, which police say allegedly sold food products laced with THC, the active ingredient in marijuana. Those products included butter and peanut butter, police said. Officers said Jolly Green Meds also offered their customers a delivery service.
Police also said they found nearly a pound of hash oil, a potent Cannabis that's sometimes as high as 80 percent pure THC. The 351 grams recovered at the store are worth about $21,000, police said.
After the hearing outside the court building, Kinshella, 29, joined the protesters, including one in a wheelchair.
They were holding large signs saying “NRS 453 A — 10 Years of Failing You,” in reference to the enacting legislation for a change voters made in the state constitution that allows for medical use of marijuana in the state.
Kinshella said NRS 453A was drafted with the intention of fulfilling a change in the constitution approved by voters that provides an appropriate means of supply of marijuana to qualified medical patients.
The law does allow people to grow their own marijuana, he said. However, because there is no access to plants or seeds, there is no legal way to grow your own marijuana without breaking the law, he said.
Kinshella said he and his partners set up their association so everyone was an equal owner of the facility.
“We had private consultations with members only, not in public, regarding cannabis and access to cannabis, ” he said.
“Some people can grow, some people can’t because of a landlord situation," he said. "A lot of patients are unable to grow at least medical quality cannabis. It is not an easy task to accomplish. Most people fail at it. Very few people are very good at it. It’s not an acceptable means of access for patients to grow their own, especially when they can have no access to buy seeds or plants. “
Kinshella said to provide better access, the Nevada Legislature would need to revise current state law.
“Hopefully that will happen and patients will finally have access and what the voters voted for will finally become reality,” he said.
“Three bills got shot down this last legislative session that were trying to fix this problem,” he said.
Kinshella said there were “hundreds” of people who are affected by the law.
“It’s a democracy and we all said yes. But there are certain government bodies standing in the way not wanting to allow it. So it’s come to a time where we have to change it. And every voter should be upset or concerned because if it’s not this law it could be another law. The point of laws is to uphold our constitution. If they’re not doing that, they’re not doing their job. “
Kinshella said he thought the judge presiding over the case was receptive to the defendants’ arguments.
“He's open-minded. He wants to look at every aspect of it,” Kinshella said. “The first impressions are obviously ‘take heed’ and everybody has a preconception of what everything is. I would hope we could keep the focus on what’s important and change the law so we wouldn’t be here in the first place. If there was a means for us to help patients without breaking any laws we would have done that. We’re wasting tax dollars. Voters aren’t getting what they want, what they wished to have 10 years ago. It’s been a decade, which is way too long."
Good work taking these thugs off the street Glad to see our tax dollars at work. In fact i feel so safe now i am going to walk around downtown by myself tonight ! Thank you DA Rodgers.
What a waste of tax for this, seriously.
Maybe if they just legalized it none of this crap would happen and it would save us ALL a lot of $$
Legalize the stuff. Tax the ever living hell out of it and support schools with the tax revenue.
Legalize it and take a bite out of the DTO's and their downstream thugs.
Legalize it and keep the revenue here in the US.
this is the process necessary to advance the requirement for distributing medicine to patients.
i can't wait to see the ruling, which i expect will include language that puts the ball into the state's court, where a reasonable resolution must be found and enacted.
The case would've been prosecuted by former prosecutor David Schubert but he drove directly past the marijuana dispensary & instead bought crack cocaine.
What a waste of time, money and resources. Arresting people for trying to help others is not the answer. What happened to everything the police confiscated/stole from them? Let me guess, it's all missing, just like the Scott video.
Stupid police protecting us from harmless plants.
They should just legalize all drugs.
Sad to see valuable resouces being wasted on this B.S. In general I'm tired of hearing about marijuana but the article was worth reading just to see the first mug shot.....I wonder how she did in jail?LOL
You cannot change the law by breaking it, then asking the court to ignore what you did because the law doesn't work. You have to get the legislature to change it.
I wonder if DA Shubert is going to prosecute this case...Ooops! forgot, he's still banged-up on that crack cocaine beef.
weed is for losers, always has been always will be. people crying about medical uses are just trying to get their hands on some and re-live the 60s. try something else and move. put the losers pictured above in jail for a while, get a real job.
"Stupid police protecting us from harmless plants."
Sunlizard -- you said it best
"You cannot change the law by breaking it, then asking the court to ignore what you did because the law doesn't work. You have to get the legislature to change it."
Esquire -- evidently you don't know what law really works. If the law is unConstitutional, it's automatically void.
The primary question to be asked here is who did these people hurt. No harm = no "crimes." I don't see anyone claiming these people injured them in any way. Constitutions are what the laws must first comply with, not that anyone in the "just us" system bothers to check. And obviously the conflict between the final wording of that Constitutional amendment ended up setting these people up for this fall. I hope their attorneys are smart enough to hit the court up for a declaratory judgment on it.
Of course, no matter how it ends up as a matter of state law, the feds will still come in and raid and take. Welcome to our police state.
"Rightful liberty is unobstructed action according to our will within limits drawn around us by the equal rights of others. I do not add 'within the limits of the law' because law is often but the tyrant's will, and always so when it violates the rights of the individual." -- Thomas Jefferson, letter to Isaac H Tiffany (1819)
Living on the wild side? None of the six appears old enough or worn (OK, maybe one guy) enough to have chronic pain in joints so their medical conditions must be serious like MS or something?
Medical marijuana my foot. I'm all for medical marijuana if the patients have been diagnosed by a real practicing doctor with a practice, hospital privileges and other patients besides medical marijuana users. That keeps the quacks and jacks off the street like in CA.
Unfortunately we all know the majority of users claiming to need medical marijuana are not legitimate patients with a verifiable diagnosis from a pain clinic, oncologist or other credentialed practitioner.
What we really have are a bunch of pot heads buying dope from drug dealers who aren't licensed and without genuine prescriptions from a physician whose practice includes other duties besides selling prescriptions to users.
The same argument goes on all over. In most places as evidenced in CA where it is almost out of control what you have is a lot of so called docs who have a store front to write dope scrips and do nothing else. Anyone can walk in with any complaint and get a scrip without a proper exam, history or any lab work or other diagnostic technique beyond' hey doc, my watchamacallet hurts and pain pills make me sick', with the anticipated result of 'really, where's it hurt, how long have you had it and okay here's your Rx, that'll be $150 -- $300.
The main requirement for an Rx at these places is the ability to pay and preferably cash. Credit cards maybe but cash is harder to track and therefore not declared for income tax purposes.
The whole thing on average is a huge scam run by folks whose only goal is to make money on one side and to get high on the other. There aren't enough genuine and properly diagnosed patients to keep all these rope shoppes open.
Like I said, I and most folks support the legitimate use of medical marijuana but the reality is those of us who weren't born yesterday and didn't ride in here on a head of cabbage know what's really going on, and it isn't structured and tracked pain management. It's a way to support a high without going out doing street dealers.
Police and prosecutors should be chasing violent criminals.
More wasted time and money because of the ridiculous "war on drugs".
I'm with Commonsense101...They should just legalize all drugs. I think that, with the proper approach (taxation, accountability for abuse, etc., etc.), legalization would produce less turmoil--black markets,
overburdened jails/prisons--and a more productive police force.
"Medical marijuana my foot."
BRASS -- it's been part of man's pharmacopoeia for thousands of years. Enlighten yourself starting @ http://en.wikipedia.org/wiki/Marijuana#H...
But then ignorance like yours has always plagued mankind. It's one of the causes of Socrates' execution, though he was one of the finest human beings to have ever walked this planet. The history of how marijuana/cannabis/hemp became criminalized in the U.S. is a shameful history of not only that kind of ignorance but utter stupidity.
"Tobacco, hemp, flax and cotton, are staple commodities." -- from Thomas Jefferson "The Works," vol. 3 (Notes on Virginia I, Correspondence 1780-1782), "A Notice Of The Mines And Other Subterraneous Riches; Its Trees, Plants, Fruits, &C."
This is bad for tourism and retirees coming to Nevada. People can stay in Oregon, or California, British Columbia, etc. and get their medical marijuana.
Once again Metro has hurt tourism as they hit up the taxpayers for more money.
I certainly hope people don't start boycotting Nevada because of their repressive marijuana laws.
Citing the Global Commission on Drug Policy's latest report, I want to point out the state impact: "The single greatest cause of prison population growth has been the war on drugs, with the number of people incarcerated for nonviolent drug offenses increasing more than twelvefold since 1980. Not only has this excessive punishment destroyed the lives of millions of young people and their families (disproportionately minorities), but it IS WREAKING HAVOC ON STATE AND LOCAL BUDGETS." http://www.nytimes.com/2011/06/17/opinio...
AS A MEDICAL MARIJUANA (mmj) PATIENT in Colorado moving to Nevada I MUST SPEAK UP. Juan Sanchez-if you think legitimate mmj patients are the thugs on the strip, you are very ignorant & the very epitome of people who feed into the police state mentality of "lock em all up so we're safe". If you met a cancer or AIDS patient 80lbs, I wonder if you'd have written this? Maybe the mmj system in Nevada is exploited as it sounds from the comments by BRASS. One moment he supports mmj then dismisses it by saying most of the patients are pot heads. Have you met a legitimate patient? Shame on you! I have been an mmj patient 10 yrs in CO & have seen the changes happening (& abuses), can personally attest to the medicinal effects. I cannot hold down food due to my illness. I'm 5'7", 115lbs - can't afford to keep vomiting. Other best solution for me are corticosteroids that lead to bone loss & I have severe scoliosis..so not an option I can use often. Being a former officer in the military, daughter of a policeman, using mmj has been a difficult moral decision. I was down to 80lbs and dying - my doctor, husband & mother urged me. Now I can function, have a child, a graduate degree & able to work! Reason I share is I am not a pot head nor abusing this drug. Back to topic-laws get changed based on court cases setting precedence. Although the defendants broke the law, it's written where it would have ended up in the courts. Going back to my 10 yrs as a patient in Colorado. When I first registered, I was terrified of being arrested, didn't know how to grow & knew no one that used marijuana. There were no dispensaries, grow groups, etc. I ended getting chemically grown brick-like stuff from Mexico that my friend's high school daughter got. This was how it went for a couple yrs (didn't help much-hospitalized A LOT) Access got better and was able to find reliable, educated people to provide. LOCALLY run/grown groups are trusted sources..I got better! Now...all these people from CA have come into CO. Flooded w/ questionable docs, dispensaries. GREED! CO politicians are now seeing this & taking an active role before they turn into California. So I see both sides. It must be regulated for access. Right now NV, could turn into another CA. Forward thkg legislation & court decisions can propel Nevada as the leaders & example. With the economic crisis happening in Nevada, we must have intelligent, informed discussions and decisions.
Sentence human decency and the suffering it attempts to serve to the gallows at once!
LOL
: {
The Government and the Med Mafia don't like competition, lol. Not to mention Hostess and Dolly Madison.
Those that comment on the validity of medical marijuana are overlooking the point. Here's a quick synopsis of the FACTS.
An initiative was set in motion by NORML in the late nineties and was approved and ratified by the Nevada voters at the 1998 and 2000 general elections.
The voters PASSED, with 65% favor, question 9 in 2000 which stated the following, "...would authorize appropriate methods of supply to authorized patients..."
The Nevada State Constitution was Amended with Article 4 Section 38 which again states, "The legislature shall provide by law for,...1(e) Authorization of appropriate methods for supply of the plant to patients authorized to use it..."
NRS453a VIOLATES its obligation to the constitution in two fundamental ways.
One, appropriate supply of the plant. There are NO current ways to legally obtain seeds or clones (young plants). Meaning you must break the law at some point to obey the rest of the law.
Two, Growing ones own is not an acceptable method of supply in the first place. Not only is it extremely difficult to grow medical grade cannabis, but many living situations do not allow this, It can also be a fire hazard if set up incorrectly, and not to mention a terminally ill patient may lack the physical ability to do so, or even find a caregiver willing to to so on their behalf. This is very obviously not an acceptable method of supply.
The issue is not medical cannabis. The issue is an unconstitutional law. It is un-american to tolerate such laws, we have democracy for a reason and we all, both the skeptics and believers, should be able to agree on that.
Fulfill the voters will, YOUR will, the quantified will of the majority. Its the American thing to do.
This is the police over reaching the intent of the law.
Hopefully, this judge will use some common sense and do what is right for the people who need medical marijuana.
The law was poorly written and the courts can decide what the intent of the law was in addition to how it is enforced.
what a waste...
leave the tokers alone.
idiot prohibitionist never do good for this country.
how many people languish in prison because they
smoked a little pot?
idiot politicians !
$60/ounce, $960/lb, $21,000 worth of pot - and if all are convicted, it will cost $180,000/year to keep them locked up, or 9X the price of the haul.
But what is the real punishment? Will they be able to practice their religion in jail? That is the question!!
It's a plant. Some people like to smoke it. Tobacco is a plant. Some people like to smoke it.
Why is this even a discussion,let alone a law?
Holy Hemp Batman! The govt. is going to protect me from plants!
Give it a rest people. It's far past time to legalize. I don't even smoke the stuff, but I could give a rat's rump who does. Don't drive, no problem.
News flash -- new bill in Congress to end pot prohibition
http://www.huffingtonpost.com/2011/06/22...
from Killer's link above @huffingtonpost...
"Since President Nixon declared 'war on drugs' four decades ago, this failed policy has led to millions of arrests, a trillion dollars spent and countless lives lost, yet drugs today are more available than ever," said Norm Stamper, former chief of police in Seattle and a speaker for legalization-advocacy group Law Enforcement Against Prohibition."...
And, of course, there are MASSIVE profits being made in this mock "war".
FOLLOW THE MONEY!!!
It has nothing to do with "keeping drugs out of the hands of kids", or any other moral or ethical dilemma... it's ALWAYS about the money.
MMJ - Sure, legalize it. There will be far reaching ramifications. On the plus side, great source of revenue in the form of tax stamps issues to personal growers and commercial growers. Lower governmental expenditures for incarceration. Lower case load for the judiciary. Fewer judges, ha, good luck with that. More than a few drug dealers out of work. An increase in dispensary employees.
Minus side - Pot decreases ambition-ditto alcohol. More people driving under the influence- laws for that, maybe some additional folks in jail. Whoever comes up with a breathalyzer for pot will be a rich man. Alcohol consumption may go down, less taxes, unemployed liquor salesmen. Ahh, will the dispensaries be state or privately run? Rehab ripoffs will be hurt, fewer convictions fewer judge imposed rehab/counseling conditional releases. Those parasites will have to find a new scam. The drug test providers still will be busy, crack, smack and any other ..ack will still be tested for. All in all there will be jobs lost and jobs created, but government should see a HUGE revenue increase if it's ever legalized. Overall a`positive, the government definitely could use a good shot in the arm revenue wise.
WOW, Barney Frank and Ron Paul co-introducing the federal marijuana bill. Who-da ever thunk it?
There is no room for them in jail.
Let the major cigarette manufactures take control of growing and standardizing marijuana. Sell it at controlled outlets. The line to purchase will be around the block.
This would be a serious setback for illegal operations. DTO's would lose BILLIONS!
No thanks, no monsters of genetics and no bone cancers.
@ wiseguy2235 you are very uninformed! check out www.phoenixtears.ca & spend some time researching before you call MMJ patients losers & wanting to "relive the 60's. I for one was born in 61 so no re-living here....lol.
@ Esquire, There were 4 bills in legislature that would have clarified the whole issue & John Ocegera quashed ALL of them.Amazing the power one little man has isn't it?
@ roseanrose You don't have to be OLD to be in chronic pain. Scoliosis, arthritis, stomach issues are not visible & have NO age requirement to acquire. There are a number of other issues that can be helped by using MMJ.
@ Brass You truly have no clue about the relief mmj can bring to people This statement is TOTALLY untrue "Unfortunately we all know the majority of users claiming to need medical marijuana are not legitimate patients with a verifiable diagnosis from a pain clinic, oncologist or other credentialed practitioner." The doctors here in NV are REAL doctors & ask for records if you don't have them you get a real exam & X-rays if needed. And for your information MMJ is WAY more costly then pain pills so WHY would someone ask for MMJ if they could get pain pills? I happen to get nervous & mean with pain pills or they make my blood pressure skyrocket. Sadly for me the MMJ doesn't do much good either, the only thing that worked was Vioxx & an experimental one I was in study for but it's not cleared yet.
@Robert2 Have you lost your mind? The cigarette companies? They RUINED tobacco WHY on earth would we trust them with MEDICAL marijuana? There truly is a difference in Medical vs the schwag from Mexico & if the govt takes it over it won't be any better then Mexican schwag!! Let the little guys who have fought for soooo long to make it legal reap the rewards of growing & selling it while paying taxes.
WHY do people have a problem with marijuana growers or sellers making money? I don't hear many people complaining about the pharmaceutical companies charging $2000 a month for MS meds, or the ridiculous prices for AIDS patients, or cancer patients.