EGPD Arrests Father and Son in Pot Raid

Elk Grove police arrested a father-son team of alleged pot growers Thursday in the culmination of a four-month investigation, but the duo's attorney says they broke no laws and were simply providing medical marijuana to needy patients.

Police say the R&R Wellness Collective, the south Sacramento marijuana dispensary owned by Elk Grove resident Bryan Smith, 27, was operating as a for-profit business in violation of California's Compassionate Use Act.

Officers took Smith and his 54-year-old father, Kelly Smith, into custody after a search of their homes, the dispensary and a nearby warehouse netted at least 400 marijuana plants, several hundred pounds of processed weed and a large amount of cash, according to police. Both men were arrested on charges of cultivating and selling marijuana, with the younger Smith also facing an additional charge of transporting the plant.

At least some of the marijuana was grown in Elk Grove, spokesperson Chris Trim said.

"This is another step in the marijuana-growing puzzle we frequently have here in the city," said Trim. He said the department has uncovered several other small pot-growing operations in Elk Grove this year.

Mike Wise, a Sacramento attorney who specializes in cannabis law and is defending the Smiths, said any funds R&R Wellness earned went towards expenses like staff salaries, taxes and licensing fees—all permitted under California's medical marijuana law.

"There’s a cultural divide right now between law enforcement and these dispensaries," Wise said. "The law say a collective has to be a non-profit corporation but that doesn’t mean that the business isn’t allowed to take in money."

The arrests come several days before the Sacramento County Board of Supervisors is set to consider regulations for medical marijuana dispensaries in the county at their June 21 meeting.

A moratorium currently bans medical marijuana dispensaries within Elk Grove city limits.

The Smiths were being held at the Sacramento County Main Jail Friday. They are set to appear in Sacramento County Superior Court Monday afternoon.