Pot Club Associates To Return to Court in October

Two owners and three employees of a pot club that has been in conflict with the City of Newark appeared in court Friday but have yet to enter a plea on the dozens of felony charges they face collectively.

Teddy Miller, 47, and Bob James Uwanawich , 39, own NBD Cannabis Collective, located on Thornton Avenue. The and each of them are facing 30 charges that span from selling marijuana to tax evasion.

Nearly a month after Miller and Uwanawich’s arrest, Salim Dost, 22, Michael Glenn Martin, 21 and Kyle Cameron Smith, 22, were named co-defendents. The trio, who are believed to be Tri-City residents, are .

Judge Dennis J. McLaughlin approved requests made by Deputy District Attorney Lance Kubo and Attorney Kirk W. Elliott to come back to the Fremont Hall of Justice so that each defendant can enter in a plea and set a trial date.

At the defendant’s last court appearance on Aug. 25 Elliott, who is currently representing all five individuals, announced his plans to file a demurrer — a legal challenge to the complaints made against the individuals.

Elliott said Friday that his firm, Roberts & Elliott LLP, is still in the process of determining a deadline for that demurrer with the District Attorney’s Office.

Kubo also noted Friday that the prosecutors is considering whether to file a motion that indicates a conflict of interest in the representation, noting that an attorney should solely represent one defendant.

The investigation of the case and negotiations between the District Attorney’s Office and the defense attorney are ongoing, Kubo said.

If convicted, the consequences could vary from being imprisoned at a state or county prison or being given probation, Kubo said.

The charges of the five individuals came after an investigation that launched after the June 28 raid of four locations, including NBD Cannabis Collective.

Officers seized $30,000 in cash, 20 pounds of processed marijuana, 500 edibles and a shotgun during the raid, authorities said. Per the investigation, , according to the owners’ attorneys, Roberts & Elliott LLP.

Analysis on the sources of those funds followed the raid. An investigation headed by the State of California's Franchise Tax Board was conducted, based upon law enforcement officers' belief that NBD Cannabis Collective was generating a profit through the collective, officials have said.

Roberts & Elliott has stated that more than 90 percent of the monies seized were proceeds of a life insurance policy.

The dispensary has clashed with the City of Newark since it opened in December 2009 and does not have a business license, which Community Development Director Terrence Grindall has emphasized is needed for any business to operate in Newark.

But Elliott has maintained that the collective does not require a business license to operate because it is a non-profit organization.

NBD Cannabis Collective did apply for a planned used permit and a about granting them such a permit for the medical cannabis dispensary was scheduled for July 12 but was postponed at the request of a representative with NBD, according to Grindall.

All five are scheduled to return to court on Oct. 26 at the Fremont Hall of Justice.

Subscribe to our RSS feed to get updates on this story. Follow Newark Patch at twitter.com/newarkpatch or facebook.com/newarkpatch.