By New Times Staff
By Stephen Lemons
By Stephen Lemons
By Monica Alonzo
By Ray Stern
By New Times Staff
By Stephen Lemons
By Chris Parker
Though probation is a possibility, each of the 10 counts being prosecuted by Montgomery's office carries a presumptive sentence of 31/2 years in prison.
Sobol believes he's been targeted unfairly by the authorities.
And it does appear he's getting a raw deal: After all, it could be argued that no one should be prosecuted for operating a compassion club before the question of its legality is decided by the courts.
Horne's office needed more information about how compassion clubs operated for its lawsuit on the legality question. Police raids helped provide that information.
In December 2011, Tempe police served warrants at the Yoki A Ma' Club in Tempe and Mesa and arrested six people following a five-month investigation. A seventh was arrested at the club's Nevada location. The club employees have been socked with dozens of felony charges. Some have taken plea deals. Others, including the owner, Craig Scherf, are awaiting trial.
Scherf, like Sobol, tells New Times that police should have waited for Judge Fink's decision.
Horne maintains there was no collusion between his office and police on the club raids.
However, a Phoenix police spokesman admitted to New Times that his agency knew of the civil case before the 2811 Club raid and even had discussed it with the AG's Office. This runs counter to the claim of no collusion, but police and Horne won't elaborate. Another police spokesman, Sergeant Tommy Thompson, says he doesn't believe anyone asked police to raid any compassion club. Cops received information that pot was being sold at the 2811 Club, and that's what undercover officers found, despite claims of "free" pot offered as a benefit of club membership, he says.
Montgomery declined to comment on any specific case his office is handling.
Horne did, however, answer some questions about the civil case on compassion clubs. The case, now more than a year old, has been delayed because of "a number of discovery issues," Horne wrote in an e-mail.
"Now, because the clubs the [AG's Office] sued are no longer in business, the parties began discussing a settlement to resolve the [suit]. The judge has ordered the parties to meet in a settlement conference. The parties are waiting for a date to be set by the settlement conference judge," he wrote.
Sobol filed a motion in June asking Judge Fink to rule in his favor, saying his business model constituted a legally protected social association and that he was a victim of malicious prosecution.
The "discovery issues" were manufactured by the authorities, Sobol contends. He says police, the County Attorney's Office, and the attorney general intentionally delayed examining the club's computers in both the civil and criminal cases. Sobol says the data can prove no marijuana actually was "sold" to undercover officers who infiltrated the club.
"The evidence shows they didn't buy it — they got it for free," he says.
There's no dispute that the undercover officers, when going into the club, were asked for their state medical-marijuana cards.
That's got to count for something.
It's obvious why some people in the medical-marijuana industry want to nail the Reverend Sobol to a proverbial cross.
To bolster the idea that he's been unfairly and selectively targeted for prosecution, Sobol filed an emergency petition in Superior Court demanding that the Attorney General's Office and the Phoenix Police Department investigate, arrest, and prosecute several of his competitors.
The petition lays out specifics of why Sobol thinks the clubs are violating the medical-marijuana act and drug-trafficking laws. Ironically, the accusation Sobol makes against Ingrid Joiya's club, Elements Caregiver Collective, sound similar to those police levied against his 2811 Club — that is, membership fees are paid by registered cardholders to acquire marijuana.
Sobol's petition accuses police of failing to bust a "farmers market" held in Phoenix where, he alleges, pot was sold and smoked in public.
He also accuses Gerald Gaines, CEO of the Compassion First Caregiver Circle, of running an illegal "sharecropping" scheme involving marijuana growers. Gaines is the philanthropist and Sprint PCS founder who successfully sued the state earlier this year and forced Brewer to stop delaying the medical-marijuana program. Sobol even used Labyrinth Investigations, his own private-eye firm, to compile a report on Gaines' company. He forwarded his findings to the feds.
Targeting Gaines seems part of a dispute between the two: Last year, Sobol sued Gaines for defamation, alleging he operated a blog that made disparaging statements about Sobol. Gaines won the case in a default judgment after Sobol abandoned the defamation case, leading to a $5,000 award against Sobol.
The emergency petition to bust Sobol's competitors was tossed out of court on August 2 after he gave up on it and filed a motion to dismiss.
"I made my point" with that court action, he says, elaborating that police — in their response to his petition — admitted they have "blanket discretion" to choose whom they will prosecute. Sobol claims police are wrong and that their response will help his criminal case. (Gaines, after the August 7 lottery, ended up with the dispensary in Fountain Hills. Sobol says 10 of his clients were selected.)
Sobol also has a pending slander case against compassion-club founder Ingrid Joiya (whose real name is Ingrid Warrick) for claiming his church and ministerial status were fake.
I think it's time to stop "apologizing" to justify medical marijuana consumption. People feel the need to submit a medical history - Obviously, this is because of the stigma that goes back to the 60's and hippy era. If you use marijuana you are lazy and unwashed! You do not need to have stage 4 cancer and a prosthetic hip implant from 1954 made from balsa wood to justify pot use to the “non believers” !!
My blog site recently conducted an investigation in Los Angeles and watched the FBI spend $4 grand in tax dollars (man hours, informant fees, gasoline, etc) to pursue a $25 dollar bag of weed. Yes, 3.5 grams of cannabis - in a state where it is a non-criminal infraction and fine of $100 bucks.
It's unfortunate that Allan Sobol is the face for the medical marijuana movement in Arizona. He's an obnoxious, greedy, profiteer who has shown us what's wrong with the emerging medical marijuana system. There's always got to be one in the crowd. Allan fights to get his name in the paper, or any type of PR (there's no such thing as bad PR?) to get his name associated with the new movement.
This is only the beginning as the Greedy Big $$ Dispensary Cartels and Puerile Pot Clowns begin to destroy the intent and purpose of "medical" marijuana in Arizona.
It took less than 24 months for them to completely destroy the Colorado Medical Marijuana system which had peacefully and privately existed since 2000.
Behold your future, Arizona.
Jan Brewer sticks to medicinal bourbon and can't understand why anyone would want to get high on pot when they could just get drunk like her and her friends.
The law passed by 43 people in 2010. small or large, it passed, and with the voter initiative act of 2000 after Romley denied voters for years their medicine. What is the deal with this corrupt Arizona government? Their actually is a federal law that enables me as a federal disabled ADA patient to acquire my medicine without coercion by anyone other than a federal judge. Anyone else can be detained or arrested for not allowing me to acquire my federal allowed medicine with a card or Medical Examination Need Report.
Now as for this NON-profit church aka "medicine cooperative", what this founder is doing is not the most ethical, but it actually is the right way to run a NoN Profit cooperative by Rochester principles.. The problem the feds have is how the "profits" are distributed among the many local organizations and the release of medical marijuana to non medical card holders, which makes it a federal crime. What gets me mad is the "coercion" he is playing with a law that just got passed and his going after other clubs with the authorities. He is a greedy selfish man named "AS". Throw the book at him!!
I am also sick of Govenor Brewer. She is playing a pick and choose operation in this state! I believe the MMJ law had implemented a order of time that the law was suppose to be implemented and now it is 2 yrs. later and still not running. I also believe that the dispensaries are suppose to be open RIGHT NOW while the ploiticians TRY to dismember the law in court. I hear more lawsuits on individual person/s and state gov.concerning the new law. Is Brewer and gang--"KKK"?
It would make sense with what has been going on in AZ!
why doesnt montgomery and horne mentioned anything about the Voter Protection Act of 2000.....ya, know, the act put in place by "the people" in 2000 in response to the az legislature "voting" to "get rid of" the mmj law passed by az voters in 1998...ya, know the one that states "all initiative passed by the people can only be overturned by a 75% vote of the legislature"...period...not "if i think it applies" not "if i like it or not" and not" fed law,world law,international law"..
remember you took an "Oath of "Office to uphold the ARIZONA constitution and ARIZONA laws, not the US Constitution and federal law....so even if you walk into STATE court, the judge is probally going to ask if you have the legislative votes, not DEA,FBI, fed law this or fed law that...remember under STATE law, prop.203(a voter passed initiative) falls directly under this law and the STATE judge does not care about fed law...that is for fed court not state court system. guys, if you want the initiative gone, just have our state reps vote it out, all you need is a 75% majority, now seee, isnt that easy?...go ahead, have them vote...go on...thats "the law" now isnt it?
@tom10545az Meanwhile, up in Colorado voters prepare to vote on flat out legalization. A couple of other states, too, are doing similarly. How you going to deal with that, eh? Happy cerebral infarcts, Republican caucus! Enjoy being on the crappy end of the stick this time, prohibitionists. Might as well get used to it: your time has come and almost gone.
@SeedyWard Once again, bigotry rears its ugly head. Just like not all liberals are communist / socialist / tree huggers / pro-gay marriage (just look at CA, heavily liberal, yet pro-traditional marriage), not all Republicans / Conservatives want to see marijuana or any other drug criminalized. Many, and I mean many, vote for decriminalization and legalizing when given the choice.
@SeedyWard for you & your lib prog friends:
WR Hearst was a Dem. He is the one behind fed MJ prohibition. WR was a greedy liar, fear monger & anti MJ propagandist.
Did I mention Hearst was a DEMOCRAT??? :-)
"With the blessing of President Franklin D. Roosevelt, a DEMocrat, Anslinger lead the way into getting the Marijuana Tax Act of 1937 passed by a DEMocratic Party majority Congress and signed into law." [Emphasis added. :-)]
Said law was signed by FDR, a DEMOCRAT POTUS.
Above quote from:
Going by your logic, that would mean all Dems are prohibs. But we know better than that, correct?I have never lumped all D's together like you do TEA's & conservatives.
Since you seem to hate the TEA peeps, I guess you oppose the only major 'party' candidate who would would work to RE-legalize herb & hemp, call the feds off CA & pardon all nonviolent 'drug offenders' in the USA. ALL of them!! 0 keeps ALL of them locked up...who are the bad guys again? :-)
Ron Paul is the major 'party' candidate. Full disclosure: Ron is not for USING drugs. He thinks it's a bad idea. As best I can tell, in spite of his personal views, he IS for restoring civil liberties & the ownership of your body back to you. Drugs, prohibition ect for him are subtopics. The main topic is individual freedom & liberty in conjunction with personal responsibility, restoring state rights & the fed govt following the US Constitution.
So what's yer dude doing? By his inactivity to cease the raids, 0 is encouraging the fascist gestapo our militarized police on all levels have become & are becoming. Like I said above, 0 is doing nothing about the CA raids & illegal intervention of the feds into state affairs. Can you support 0 with your vote with out supporting his heavy handed allowance of fed raids on civil liberties in CA?
Just askin. I would think if you are for restoring individual freedom you would like Ron Paul a lot. Go figure...
You are correct. Mitt & P Ryan are more than likely just as bad.
@MrAmazing If it's impossible to know what tea baggers believe, then why do they advertise their bizarre agenda? Furthermore, why would anyone join up with them unless their agenda were easily understood? They don't seem to be the sharpest pencils in the pack.
As far as the disgusting sexual reference, they adopted it before we hanged it on them. The reference had to be explained to the old anachronisms after they were already using it. Only then did they back peddle and get all squeamish.
@Tomato Teabagger is a disgusting sexual reference, so by your own words you expose your bigotry - defined as "a person who is obstinately or intolerantly devoted to his or her own opinions and prejudices; especially : one who regards or treats the members of a group (as a racial or ethnic group) with hatred and intolerance".
Thought you might want clarification as you clearly do not know the definition of the word.
@SeedyWard And by definition you prove your bigotry. It is literally impossible to know what most Tea Party members are like or believe, and so your hate speech from the disgusting "tea bagger" to your piss comment continue to expose your rage and hate. Seems the libbies are coming unhinged all over. Sad really, I though y'all had more substance.
@MrAmazing You wouldn't even have the chance to vote on these issues if it weren't for rabble rousers like us. I'll admit bias against the tea baggers, though. Bigotry would be way too strong a word, as I view most tea baggers as ignorant simpletons. Libertarians OTOH, at least think about issues and I respect their point of view. Social conservatives can drink my piss.
Don't you just love it when Teabaggers start calling other people bigots. Look up the word, Mr. Amazing... It's imposible to be a bigot against bigots.
@SeedyWard @tom10545az one more thing, monty and hony(i was going to say horney, but i didnt), in oct the circuit court for D.C.(that is a federal court, ya know) will start hearing on the DEA's having marijuana as a Schedule I drug..this is really going to be fun, with all the studies from "independent" scientist, dr's, etc. from around the world, not to mention sativex is available now or in a country near you soon..
.so its now gonna be....No Medical use in the USA..that outta go over good, or how about "becasue we said so, go to hell with evidence"...i know, you will use about 8-10,000 words to basically same the same thing....but really, you think a federal judge is gonna go along with that, is this country really that far gone?
better hurry up, things are really lookin' bad for y'all, even at the "Federal Law"(your term)...level
if your lookin' to enforce "federal law", why dont you go help the feds in oregon and colorado arrest everybody when it becomes legal in nov.
@tom10545az They could, maybe get the legislature to put a repeal vote on the ballot. That, however, might backfire in their arrogant faces. Man up, tea baggers! Put that BS on the ballot and see how far you get.
@SeedyWard Your nasty little Tea Party comment shows your utter ignorance, bigotry and hate. As a TP supporter I fully support complete legalization of pot, decriminalization of drug use, and a litany of other things you liberal bigots think "we" are "all" against. Feel free to keep being an idiot, but stop speaking at or for me or many of my friends, as you simply expose your dimwittery.
SeedyWard. , well seedy, Mr. Amazing is right.
The meet up groups that became the TEA Party, by a huge margin , support Ron Paul. Ron is an inspiration to us TEA peeps.
Dr. Paul also happens to be in favor of RE-legalizing smoked cannabis & industrial hemp. Ron would pardon all non-violent 'drug offenders' if elected. 0 would NEVER do that. 0 has allowed raids in CA after saying he would ease up.
You should be on 0 & his administration's case, more than the TEA peeps. Not all lib progs are for RE-legalization either.
I am TEA party, fiscal conservative, Christian & Ron Paul supporter. Like Dr. Paul, I advocate for the restoration of the Bill of Rights & that the fed govt should be put back under our Constitution's restrictions..Your boy 0 is just the opposite, so tell us again, who are the bad peeps?
I also advocate, as Dr. Paul, that the war on some drugs be ended. I advocate that all drugs should be re-legalized & run through state dispensaries, no feds at all. There should be councilors for the many street user addicts who want to be free to quit & free from prosecution.
Before any one is allowed to purchase, at lower than cartel prices, their stuff of choice, there should be Consequences Of Use education. Some street drugs are very dangerous, almost as dangerous as Rx concoctions.
Like Dr. Paul said at one of the debates, something along the lines of: "It's not about legalizing heroin! It's about restoring civil liberties!" in a reply to a Fox 'News' dude who was trying to bait & switch the topic.
You are tacitly saying that only TEA peeps & conservatives are for prohibition. Are all the voters in AZ TEA? No. So, going by the thin margin that passed the MMJ law, there are those from all sides that voted against the reform. You cheap shot was not very well thought out.
But that's usually the case for those who follow Rules For Radicals...
Now let us at least unite on the point at hand, please. Thanks.
Not an attack or smear, nor am I posting in anger. I only offer a big correction to your mis-conception.
@MrAmazing unfortunately the tea party is overrun with big government social conservatives who care nothing about my person privacy and my right to liberty inside of my own home.
@SeedyWard I have zero interest in discussing anything with you as your choice of words and attitude give 6 year olds a bad name. It seems nastiness and vitriol are liberal standard bearers and the vast majority of us are beyond sick of your hate and judgment. Making sweeping generalizations about people you do not know is the very definition of bigotry, which is just another kind of hate.
@MrAmazing Face facts: most of your tea bagging buddies are on the other side of the issue. Half of the rest are just waiting for their alleged superiors to tell them what to think. How much pro-cannabis agitation have you seen come from tea bag HQ?
Mr. Sobol has made many enemies in the local cannabis community. The cops and prosecutors dislike him as well. I wouldn't want to be in his shoes.
Allan Sobal told me personally he opened that church so his competitors could not open!
What lies he spews.
Also I fought Yavapi country and won with out of state MMJ card.
I helped over 1000 Az patients last year but left Az due to the amazing amount of corruption in Az.
JAN BREWER IS THE DEFINITION OF A NAZI !!!!!!
The Healing Center Medical clinic
@thcmc420 I don't think I'd goes as far as to describe Brewer as a Nazi. Fascist is probably more accurate.
hows Alaska? Hook me up with a webcam consult for my AK rec. @thcmc420
Sorry not legal by webcam in Az or Ak
Use your real name if you expect a reply
No but it looks like Allan did ratting out others in a courtroom so they can not open.
Mike Smith the law man now? You join the police force or something? @thcmc420
Az state law requires a Bona-fide Doctor patient relationship NOT prior medical records.
Learn the law before you spew.
Right. But the reason I asked Mike Smith instead of some other douchebag was because the real Mike Smith doesn't take direction from THE MAN and says fuck the law because patients need protection. Maybe I mistook you for someone else who used to certify patients without any medical records because its the right thing to do. @thcmc420
"auto-didactic" means you are a smart ass who believes you don't need all that book-lerning to engage in a profession and you are smarter than the professionals themselves. Loots of idiots like that out there.
Find everything you're looking for in your city
Find the best happy hour deals in your city
Get today's exclusive deals at savings of anywhere from 50-90%
Check out the hottest list of places and things to do around your city