Egret and crab

Thursday, June 4, 2009

Eugene Davidovich

Poor Eugene Davidovich. Davidovich is a highly decorated 28 year old retired navy man. The ex Third Class Petty Officer has experienced the misfortune of running afoul of San Diego County District Attorney Bonnie Dumanis and her unquenchable thirst for publicity. He gets to be the sacrificial lamb in San Diego County's latest misguided efforts to thwart state and federal Medical Marijuana policy.

Davidovich received 10 medals and commendations in service to his country in the navy. He had a problem with recurring migraines and went to doctors seeking relief, trying numerous prescriptions for anti-depressants. He found that they made matters worse. Finally someone suggested marijuana. He visited a doctor, received a prescription per state law and a city patient card and discovered that the marijuana helped his headaches.

Davidovich is a software developer who was charged with selling the relatively small amount of a quarter-ounce of marijuana to a San Diego County drug agent posing as a medical-marijuana patient. He has lost his job, wife and family in the tumult that followed his arrest and is now facing the potential of 16 months to 5 years in prison. He has posted for the $65,000.00 bail. His preliminary hearing is set for Monday, June 8, 2009 at 8:15 a.m. San Diego Superior Court (200 W. Broadway, San Diego CA) in Department 11.
The informant, who feigned sickness, had presented Davidovich with all the proper documentation required by state law, which he had lied to procure, and obtained the marijuana. A classic case of entrapment.

San Diego County is taking the position that dispensaries are illegal because they must be making a profit. (State law says they can only recover reasonable expenses.) Yet they have never worked with patients in the wake of the passage of Prop. 215 to offer any reasonable guidelines that will allow patients to legally obtain the drug. They are thwarting the clear voice of the majority of Californians on a bill that passed over 10 years ago!

The County of San Diego is acting like a petulant baby that can't get their way. They have lost in court at every level and won't take no for an answer. They have been in an adversarial mode for so long that they just can't play nice. What will it take for some reason to prevail at the County Administration Building so more poor folks like Donna Lambert and Eugene Davidovich don't have their lives ruined by narrow minded politicians?

A link to Eugene's website.

His story.

More media.

"All my life," she said, "I've figured out a way to do what I wanted to do, despite the boundaries." San Diego County District Attorney Bonnie Dumanis - quoted in the San Diego Union. It appears that those boundaries might include the state law as well.

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