Pot Club Owners Plead Not Guilty To 30 Felony Charges

Five defendants in an ongoing criminal case associated with a pot club in Newark entered pleas of not guilty in court Friday morning.

North Bay Dispensary owners Teddy Miller and Bob Uwanawich along with NBD employees Salim Dost, Michael Glenn Martin and Kyle Smith pleaded not guilty to numerous felony charges.

Collectively, Miller and Uwanawich were charged with , including various drug-related crimes, tax evasion and Labor Code violations, according to court documents.

Dost, Martin and Smith face up to ranging from conspiracy to commit a crime to sale or transportation of marijuana.

Managing partner Kirk W. Elliott of Roberts & Elliott LLP, which represents NBD and its affiliates, told Judge Dennis McLaughlin Friday morning that he and Deputy District Attorney Lance Kubo are still in discussion to find a resolution in the case.

Kubo was not present at the brief hearing, but Deputy District Attorney Mark Melton appeared on his behalf.

All five men are required to appear in court again on Jan. 19 at 9 a.m. at the Fremont Hall of Justice for a pre-trial hearing.

Each of the men were charged as a result of an investigation connected with ain which authorities found and seized $30,000 in cash, a shotgun, 20 pounds of processed marijuana for sale and 500 edibles.

Law enforcement personnel have said the men were charged after evidence led authorities and the District Attorney’s Office to believe the medical marijuana dispensary, which is located at 7180 Thornton Avenue, has been operating illegally.

But NBD’s attorneys have maintained NBD and its operators have acted legally. The attorneys have also said cannabis collectives have the right to sell medical marijuana under Proposition 215, known as the California Compassionate Use Act of 1996, and Senate Bill 420.

NBD has clashed with the city of Newark since its opening in 2009. Since then, a handful of lawsuits – both civil and criminal – have been filed and seen in different courts between the two parties.

Most recently, the city of Newark on Nov. 2 in hopes to be issued a court-ordered injunction so the city can enforce the passed by the Newark City Council.

Regardless, NBD remains open and continues to serve medical marijuana patients and Roberts and Elliott, LLP affiliates have said there is no reason for the pot club to have to close.

"As of right now NBD is remaining open and has no reason to close," said James K. Roberts of Roberts and Elliott, LLP, the attorney firm that represents NBD. "You can't retroactively do away with a lawful land use,” Roberts told Newark Patch on Nov. 11.