Vindictive Prosecution V. Viana Hagiu

PAN's president Degé Coutee with defendent Viana Hagiu

Over three years ago Viana Hagiu had her health, home and her livelihood stripped from her when she was arrested for doing what thousands of people are doing throughout Los Angeles.  She was a director of a medical marijuana dispensary in LA’s San Fernando Valley.

On August 25, 2009, the Devonshire Division of the Los Angeles Police Department raided Cannamed Of Northridge, a dispensary in the north end of the Valley.  At about 5:30 p.m. several vans and SUV’s along with nearly 20 officers, most in SWAT-style gear, surrounded the small shop at gunpoint and ordered its occupants outside to be detained.  Officers rushed the facility to execute a search warrant that turned up $120.00 in cash and less than 4 lbs. of dried cannabis flowers.

Viana was eventually brought back into the shop where she was interrogated about money, other directors and the few cannabis plants on-site.  She says that several times during the interrogation LAPD Narcotics Officer Kenneth Lewis told her “shut your pie hole you bitch” and “shut the fuck up, bitch.”

Officer Lewis then asked Viana who was at her home.  “I told him my disabled, adult daughter was at the house,” states Viana.  “I told him she was bipolar, schizophrenic, suicidal and begged him not to break down the door.  I offered him my house keys,” Viana continues.

When Lewis told her he didn’t care, Viana, who was still handcuffed, said she began to get dizzy and a bad headache, her speech became slurred.  She requested her blood pressure medication.  She states an officer got the pills from her purse, put the bottle in front her but never gave her one.  She was booked at the Devonshire Division where she was forced to sign a confession while nearly fainting and without her glasses – being told by officers she was only signing for her personal possessions. 

Viana continued to complain of a headache and needing her blood pressure medication.  Officers at the Devonshire Division stated that no nurse was at their facility and transferred Viana to the Van Nuys jail to be seen by that jail’s nurse.  “My blood pressure was 258/222 and my pulse was 122,” Viana recalls.  “The nurse told officers ‘take her to ER right now’.”  She spent the night in ER under close observation of doctors and police.  The following morning her bail was set for $50,000 because officers claimed she had 50 lbs. and once paid, Viana was released.

 

Cannamed’s directors state they held all of the appropriate permits and licenses required by the State of California and the City of Los Angeles including participating in the City’s moratorium registration.  They say they paid all applicable taxes and fees, were good neighbors and tenants, and enforced strict membership registration and policies.  Cannamed still cannot understand why the LAPD spent the resources to raid such a small collective and three homes: hers, a volunteer and a security guard.  For the last three years the LA County DA has wasted untold resources keeping her case tied up in court – Viana will not take any plea.  “I’ve done nothing wrong,” she contends.

During the raid the LAPD tore the door off the frame of Viana’s home, ransacked the entire house, and held her daughter at gunpoint.  As a result her landlord evicted them immediately.  Viana has not regained all of her speech since that night in custody and continues to have other health problems.  She says the raid, the resulting 3 years of legal fees, and the fact that her health no longer allows her to work regularly has financially ruined her. 

Viana wants to continue to fight her charges, which started as possession with intent, those were dropped, and then cultivation and a gun enhancement charge were added.  (The collective’s licensed security guard carried a gun.)  And while she has never been charged with it, the prosecution continues to hammer at the judge that Viana is a ‘profiteer.’  “The amount of money I have to live off of is the amount I wish for these [prosecutors and police],” states Viana.

Those wanting to make a tax-deductible donation to the Viana Hagiu Legal Defense Fund can do so at CannabisSavesLives.org.   Get hearing updates, meet Viana and learn about the upcoming comedy fundraiser by signing up for email updates at CannabisSavesLives.org.   

“What happened to Topanga Caregivers?”

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PAN received many inquiries about “What happened to Topanga Caregivers?”

On April 20, 2012, Topanga Caregivers in Woodland Hills was raided by LAPD with a search warrant signed by an LA Superior Court judge at 10:00 a.m. that morning.  The warrant also included one director’s home and vehicle.  Six people were arrested that day: three collective members on duty including the director and three security guards.  Currently charges include possession with intent for the director and conspiracy charges for his colleagues.   It’s unconfirmed the charges on the security guards.  All are out on bail.   Arraignment is set for May 18, 2012.

The raid was fairly typical: cameras removed; electronics tampered, destroyed, seized; cell phones, car keys seized; safes destroyed; all areas, furniture, shelves, drawers, boxes, containers searched, scattered; all cash seized; all cannabis flowers seized; some edibles and concentrates left behind. 

Patients report it was a terrifying scene and some officers were overly aggressive.  Officers allegedly boasted this was the beginning of a huge crackdown in the west SFV similar to that in north valley.  Specifically, the Topanga Division of the LAPD appears to be initiating an operation similar to that of the Devonshire Division; their “mission” – to shut down every collective in their jurisdiction, which they did.  Just ask the former director of Cannamed of Northridge who is still fighting her charges nearly three years on and maintaining her innocence. 

Topanga Caregivers states they are innocent, too.  They maintain: they have all applicable permits and licenses; they have complied with paying all applicable fees and taxes; they have successfully registered for every LA ‘list;’ they operated in the spirit of our State laws and “The Attorney General Guidelines;” they provided for a large compassion program.   PAN is witness to some of the collective’s open and cooperative relationships with their council member’s office as well as LAPD detectives investigating violent armed robberies.  

Like Cannamed of Northridge, Topanga Caregivers argues they operated within all regulatory schemes set forth by local and state authorities.  To charge any of these people with possession with intent or other related offences is nothing short of entrapment.   To point guns in the faces of peaceful, law-abiding patients is reprehensible.  For LA to continue to let this happen is shameful.

So, the next question is then, “Why?”

Politics.  The failure of LA City Council to properly regulate medical cannabis collectives is ignorant.  SF, Oakland, Berkeley and a few other NorCal cities have had reasonable success implementing Prop. 215 and S.B. 420 activities in their communities.   LA City Attorney Carmen Trutanich and his assistant Jane Usher have wasted hundreds of thousands of dollars, possibly millions, defending the City’s illegal and unworkable ordinance defining their intentions as their “mission.”  

This toxic atmosphere allows the LAPD to abuse their authority and terrorize law-abiding citizens while City Hall turns a blind eye.  It creates a very unsafe situation for patients who learn to fear contacting the local police in an emergency, making patients sitting ducks for violent crimes.  Collectives don’t create crime.  Bad laws create crime.

PAN’s question is, “What is the ‘mission’ of the LA medical cannabis community?”

Those interested in participating in court support can call (323) 334-5282. 

Patients Must Take Control Of Their Collectives or Free Gram of Cocaine For New Members

On August 4, 2011, the Los Angeles Police Department raided a medical marijuana dispensary in Northridge suspected of being a front for an interstate drug-trafficking operation. In addition to seizing cannabis, reports indicate authorities also seized 20 pounds of cocaine and several weapons, some loaded. The raid netted 6 suspects each being held on $1.5 million bail.

While patient advocates have been pleased that previous raids have revealed no more than cannabis and cash on hand at area collectives, it was only a matter of time before LA’s unregulated industry would be taken advantage of by dangerous criminals, leaving a huge black-eye on what is supposed to be a movement of “compassion.”

The victims are the patients. At fault is the LA City Council whose inability to implement a legal ordinance that has been trapped in a lengthy court battle with no near end in sight. Within LA’s current scheme there is no way for a legitimate patient to ensure they are visiting a legitimate collective putting the community at large at great risk.

The playing field is different now. The adage that collectives are passive places where authorities only find herb and cash is now badly tarnished. Future raids could prove to be more aggressive as cops now expect to find loaded weapons.

I recently met with friends visiting LA from outside the state. They told me about the number of ‘dispensaries’ they were referred to that would not ask any questions about their purchase nor require ID, physician’s recommendation, etc. It is concerning as to what else could be going on within these operations.

If patients truly want to protect their access, patients must become vocal and involved members of their collectives. By definition this is what makes a collective, a collective.