Attorney Says Medical Marijuana Collective Not Guilty of Drug Charges

Although charges against two owners of a medical marijuana collective in Newark have yet to be formally filed, their attorney said Thursday that they are not guilty of any crime.

Bob Uwanawich, 39, of Fremont and Teddy Miller, 47, of Salinas were not arraigned at the Fremont Hall of Justice today and whether any charges will actually be filed against them has yet to be determined, said the pair’s attorney, Kirk W. Elliott, managing partner of Roberts & Elliott, LLP.

 after officers with the South Alameda Task Force and Newark Police Department raided  at 7180 Thornton Ave. in Newark as well as three businesses, two in Fremont and one in Salinas, that offer psychic services.  

Originally, Miller and Uwanawich were arrested on suspicion of possession for sale of marijuana and sales of marijuana. They were scheduled to be arraigned at the Fremont Hall of Justice on Thursday.

Elliot said Thursday that all of the allegations against his clients “have turned out to be not true.”

“There was no indication of sales of drugs of any kind at any other location, besides medical marijuana at the collective – where it belongs,” Elliot said.

Special Agent Michelle Gregory of the state Department of Justice confirmed Thursday that no drugs were found at the psychic businesses that were raided June 28.

During the raids, officers found $30,000 in cash, a shotgun, 500 edibles and 20 pounds of processed marijuana for sale, Gregory has said.

According to Gregory, the collective was not operating under the proper guidelines set forth by California Department of Public Health’s Medical Marijuana Program and Senate Bill 420.

On its website, NBD Collective states that property of NBD “is to be used for medical purposes only, as stated by California Proposition 215 and SB420.”

Gregory said examples of these guidelines include offering a designated area for medical treatment, having patients be part of a collective in which they contribute to the collective rather than contributing by purchasing medical marijuana and being a non-profit. She added that NBD Collective did not follow those guidelines.

The investigation, spearheaded by the Southern Alameda County Major Crimes Task Force, which operates through the state Department of Justice, will continue with an analysis of the owners’ financial records, including their safety deposit boxes and bank accounts, Gregory said. She added the Franchise Tax Board will also look into their reported earning.

Elliot said prior to this weeks’ raids, there had been no effort to trace the sources of the funds from the businesses the task force had seized. He said in addition to the $30,000 collected during the raid, law enforcement officers seized multiple bank accounts that had funds totaling around $175,000.

Elliot said the amount of cash found is not unusual since they are earnings of multiple businesses that only accept cash payments.

“NBD has done nothing unlawful and plans to re-open,” Elliot said.

Newark has been attempting to shut down the collective since 2009.

The city doesn't allow dispensaries and refused to issue the group a permit, but NBD opened anyway in 2009, according to a March article in the Long Beach Press-Telegram. The dispute ended up in court.

City Manager John Becker said that at the time, the pot club ignored letters ordering it to close. He declined to comment on Tuesday, saying the investigation is ongoing.

Calls to the City of Newark and the Newark Police Department Thursday afternoon were not immediately returned.

While California's laws about medical marijuana conflict with federal drug laws, President Barack Obama has stated that federal prosecutors are not to focus their efforts on legally operating dispensaries.

As of last spring, there were about 38 marijuana dispensaries in Alameda County, according to a San Leandro Patch article.

The cities of Berkeley, Oakland and Albany and unincorporated Alameda County allow dispensaries. 

Other area dispensaries include We are Hemp on Lewelling Boulevard in Ashland and Garden of Eden on Foothill Boulevard in Cherryland. 

Currently, six cities within the county specifically prohibit pot dispensaries and cultivation. These are Alameda, Dublin, Emeryville, Fremont, Livermore and Pleasanton.