Easily the highest-profile medical marijuana case in Santa Barbara history was resolved this week in Judge Brian Hill’s courtroom. Thanks to a series of plea deals negotiated behind closed doors Tuesday afternoon, the six remaining defendants from last year’s raid on the now closed upper State Street cannabis club Hortipharm pleaded “no contest” to a variety of vastly reduced charges. Their pleas were in exchange for the dismissal of nearly all of the 43 felony indictments handed down by the Grand Jury in the case this past April for everything from cultivation and distribution to money laundering and utilities theft.
Hortipharm owner Josh Braun who, by pleading to one felony count of marijuana sales and one misdemeanor charge of money laundering, ended up with the stiffest sentence — deadpanned in the wake of the ruling, “Justice has been served, I guess. Obviously I am not happy about it, but at least my wife gets to go home tonight with a clear name and all the charges against her dropped — that is something I am very happy about.”
Specifically, as per the deal hashed out by Deputy District Attorney Von Nguyen, Braun, who was initially given a $1-million bail amount at the time of his arrest last summer, is facing a maximum of 240 days in County Jail and five years of felony probation. He’s also required to forfeit all his cash assets, his car and power boat, and pay some $8,000 in restitution fees to Southern California Edison for electricity stolen at a residence he owned that was being used as a grow house. Additionally, in exchange for Braun’s plea, his wife, Dayli Braun, had all the charges against her dismissed, including several counts of money laundering related to her ownership of Pizza Guru, the popular health food pizzeria right next door to the former Hortipharm site. Dayli Braun will also have some $18,300 of seized money, much of it related to Pizza Guru, returned to her.
With Josh Braun, whom Judge Hill described as the critical “linchpin” of the various plea deals, accepting his terms — something, it should be noted, he was visibly pained to do, especially when asked to waive his rights to defend himself in a trial — the path was cleared for the remaining four codefendants to accept their offers from Nguyen.
Benjamin Wilmore, with his “no contest” plea to a misdemeanor charge of marijuana possession in excess of one ounce, was given 60 days in County Jail with three years’ probation. Similarly, Carl Quinn, who also pleaded to a misdemeanor possession charge in excess of one ounce, was given 60 days in jail and three years’ probation. Gus Lizarraga, who worked as the bookkeeper for Hortipharm, received three years of probation and nine days in County Jail (a number which becomes zero when his time served is taken into account), and forfeits the $2,800 seized from him during the raids in exchange for his “no contest” plea to a misdemeanor marijuana charge. Lastly, George Wardlaw was given 180 days in jail via his terminal disposition (i.e., he will have no probation upon his release) and forfeits nearly $15,000 to authorities along with the nine pounds of cannabis seized during his arrest. Wardlaw, who pleaded to a misdemeanor charge of having “concentrated cannabis,” is also in line to be given back $35,000 of the money initially taken from him at the time of his arrest.
On a related note, all the jail sentences handed out on Tuesday are for crimes that qualify for California’s 2010 “half-time” waiver. That is to say, the time actually served will be essentially one half of the sentences dished out with additional possibility for house arrest arrangements or enrollment in the Sheriff’s Work Alternative Program.
Further probationary conditions imposed on all the defendants this week include the inability to participate with, work for, or own a medical marijuana operation; zero contact with any of the other codefendants on any marijuana-related issue; no possession of cannabis in excess of one ounce; and no growing of pot in conjunction with a collective or a co-op.
Only Josh Braun will be back in Hill’s courtroom on September 18 for his actual sentencing hearing, where he faces a maximum of 240 days in County Jail. Asked for her feelings on the nature of the deals she made this week, Deputy DA Nguyen explained that, given Braun’s still-to-come sentencing, things aren’t over yet, and, as such, any comment at this time would be premature. “I will be happy to comment at the time of sentencing,” said Nguyen.
Related Links
- Hortipharm Defendants May Strike a Deal [ June 1, 2011 ]


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Injustice has been served.
Num1UofAn (anonymous profile)
August 10, 2011 at 4:27 p.m. (Suggest removal)
Well, Santa Barbara will sleep easier tonight. How many of our tax dollars went to pay for this charade?
It's a serious question by the way.
tlacuache (anonymous profile)
August 10, 2011 at 5:33 p.m. (Suggest removal)
Charges for possession of "concentrated cannabis" are interesting, since AG Bill Lockyer's Oct. 21, 2003 decision, # 03-411, states that the definition of marijuana that the Compassionate Use Act applies to includes "the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin." Kinda hard to figure how concentrated cannabis can be illegal based on this legal decision made by the highest authority on the law in the state of California, but as long as the cops get to keep the money they've extorted, we're all good in SB.
I wonder whether Santa Barbara would have a high school that met minimum state standards (DP is the only one in the county that did last year) if we spent money on our future and gave our kids the chance to succeed instead of trying to destroy people who could definitely make a whole lot more money if they chose to be illegal drug dealers instead of trying to comply with our insane law enforcement, DA, and city ordinances, permits, storefront rentals, insurance, security, etc, etc. If you want bail less than $1 million, you better kill people, rather than trying to provide a legal medicine that the US government holds numerous patents on for medical use (Patent # 6630507, held by Department of Health and Human Services is one of many, check the US gov patent website) and still insists on labeling as a Schedule 1 drug with no medical uses (this is the federal government, ignore the oxymoron, it's probably illegal to question it).
Anyway, if the SB DA decides to destroy someone financially for political reasons, the charges don't matter, the number of $$ needed for defense of malicious litigation filed by a DA abusing their office is the bottom line, and the DA's pockets are essentially bottomless relative to individuals who aren't supported by our tax dollars.
14noscams (anonymous profile)
August 10, 2011 at 8:45 p.m. (Suggest removal)
Incredible Wast of Money
Almost as bad as the Coke Bottle Glasses dude who pissed away god only knows how many millions chasing Michael Jackson down the road......
Judge Hill should be removed from the bench....he is a disgrace to American Justice.
rstein9 (anonymous profile)
August 11, 2011 at 7:03 a.m. (Suggest removal)
What a waste of money. These were peaceful people who were just trying to earn a living. The police essentially stole their property via corrupt asset forfeiture laws. Josh and Dayli were made political examples of by the Judge for conservatives in the area who wanted blood. The day when drugs are legalized will be a day in the right direction of this state and country. Less money will be wasted, the drug cartels will be shut down (less violence as a result), and people will have the freedom to own their bodies and not be persecuted for victimless crimes.
bandito (anonymous profile)
August 11, 2011 at 8:12 a.m. (Suggest removal)
Victimless crime! What a horrible waste of taxpayer dollars.
buckwheat (anonymous profile)
August 11, 2011 at 9:05 a.m. (Suggest removal)
wow, just shows they are only after the Money and Weed.. What a Scam.. As everyone else here has said think of the Tax dollars wasted.. and then look at how much money and weed they are stealing from them.. Stop prosecuting folks for any Weed crimes.. its not worth it.. Go after Bicyclist that don't obey traffic laws instead. At least that way we would have safer streets..
thew (anonymous profile)
August 11, 2011 at 9:50 a.m. (Suggest removal)
The War on People continues.
JayB (anonymous profile)
August 11, 2011 at 11:40 a.m. (Suggest removal)
I think this is the first article with comments I've ever seen where EVERYONE was in agreement.
pezzle (anonymous profile)
August 11, 2011 at 1:42 p.m. (Suggest removal)
Thank you, Santa Barbara. Our legal system may need a lot of work, but the beauty of this land and the people who inhabit it will overcome the darkness that's crept in. I don't know how to thank all of the people who have supported us through this ordeal--folks like you who have commented on this article, those who sent emails of support, brought us meals, helped with our legal expenses, supported Pizza Guru, took care of our kids during court appearances, prayed for us--everyone who came forth to let us know we are loved and valued made this experience bearable. Thank you, Santa Barbara. Your streets may be safe from me for 0-240 days, but you will always be Home.
Peace,
Joshua Braun
3domfighter (anonymous profile)
August 11, 2011 at 3:46 p.m. (Suggest removal)
Just an interesting side-note: Josh Braun introduced my son to marijuana when they were both about 12 or 13 years old. At a church camp where my son was a guest of the orthodox church-member Braun. They (my son and Maryjane and Josh) became close friends for several years.
ChrisG (anonymous profile)
August 11, 2011 at 4 p.m. (Suggest removal)
That's interesting, ChrisG, seeing as how I never smoked until I was 16, and even then was just a couple times until I was 18. I don't deny what you say--I've introduced thousands of people to cannabis--but your dates are certainly wrong. Perhaps all these years later it's time to let Scotty take responsibility for his own choices? Nice attempt to malign me and my church, though.
3domfighter (anonymous profile)
August 11, 2011 at 6:27 p.m. (Suggest removal)
So what now? His wife's mini van on the block next to Erik's 4 door Porsche? It's really is just a business & the one with the most money wins..
crazyhot (anonymous profile)
August 12, 2011 at 11:01 a.m. (Suggest removal)
I still maintain you can lead a hortipharm but you can't make her smoke the buds.
Draxor (anonymous profile)
August 12, 2011 at 11:33 a.m. (Suggest removal)
so, stealing the electricity was stupid, but if Tesla had his way, we wouldn't be paying for it. Still, nobody is going after JP Morgan for his role in making us all pay for electricity or the recent financial crime this country faced. Just us.
spacey (anonymous profile)
August 12, 2011 at 1:57 p.m. (Suggest removal)
No one associated directly associated with Hortipharm had anything whatsoever to do with the stolen electricity, nor did Hortipharm (or I) benefit from it.
Quite the opposite, in fact.
3domfighter (anonymous profile)
August 13, 2011 at 3:21 a.m. (Suggest removal)
Didn't the electiricty that was stolen go to a house that weed grew at that you sold in your shop?
InTheKnow (anonymous profile)
August 13, 2011 at 3:59 p.m. (Suggest removal)
Now a days, if you are a dispensary owner you cannot even park in a red zone without getting thrown in jail, but a group of gang members can beat a man to death in the streets. Now a days you can't find an alternative to narcotic medication that the government says is okay, but has killed so many, because they will send you to jail, but tweakers run wild robbing and stealing anything that isn't bolted or welded down. The police unions are so concerned with their precious budgets that it behooves them to continue their "war on drugs" no matter how many are murdered by drug gangs or lives are destroyed by our silly drug laws that have done nothing but encourage more people to engage in the illicit drug trade.
AZ2SB (anonymous profile)
August 14, 2011 at 9:08 a.m. (Suggest removal)
Az2sb you are so far from reality it isn't funny. Keep smoking it tho it might make sense!
InTheKnow (anonymous profile)
August 14, 2011 at 3:18 p.m. (Suggest removal)
Here's an interesting survey we all can conduct: Ask the owners of medical marijuana dispensaries if they feel marijuana should be re-legalized.
I have a feeling you will find they will be opposed to this idea.
billclausen (anonymous profile)
August 15, 2011 at 2:59 a.m. (Suggest removal)
It turn out only two employess got charged. Why only two and why such stiff sentences?
The man who lied in court, Rico aka Raul, who was busted with major drugs, and kidnapping got his drug money back by saying it belongs to his kids, and he was the original purchaser of drugs, got his money back and a minor charge. So if your selling drugs put it in your kids name.
Read Josh artical thanking for the support of money and food. Im sure the others who were arrested were thankful when Josh helped them and shared what was given to help support the Hortipharm, since his wife's company is doing so well and not laundering money like they were charged and kept opened.
We see how well you are doing, how well are the others?
I agree, this was a waist of taxpayers money and we are sorry that the City had no case and was going to send you to the feds. I tried follow as much as I could, but after several judges and DA were replaced i just stopped. Why did it tak so long and go thru so many people?
Good Luck and may God go with you. Thank goodness there is an election coming up so lets replace some of the loosers!
Upset_in_SantaBarbara (anonymous profile)
August 15, 2011 at 6:45 p.m. (Suggest removal)
@ Bill - It should be legalized immediately and everyone dispensary operator I know agrees, except one that we all bag on.
@Upset - I can't speak for the others, but I think it is fair to say that they spent significant sums of money out of their own pocket to defend themselves for something that, even if I had done everything I was accused of, I don't think they had any criminal liability for doing. They also lost a fulfilling job with good pay and benefits at a time when jobs are hard to come by. Still, I think everyone is happy it is (almost) over, even though it is bittersweet. We'll move forward together--maybe I'll open another Pizza Guru and we'll just staff it with people from old Hortipharm =)
3domfighter (anonymous profile)
August 16, 2011 at 11:12 a.m. (Suggest removal)
InTheKnow, if I am smoking something, then your drinking it bro, because you seem to be sucking up anything the gov't serves you.
AZ2SB (anonymous profile)
August 16, 2011 at 12:52 p.m. (Suggest removal)
For the record, people say "legalize it and tax it", I say "re-legalize and keep the government out of it".
billclausen (anonymous profile)
August 17, 2011 at 2:21 a.m. (Suggest removal)
:) Hope he gets the minimum... nothing wrong with makin the world a better place. i agree bill.
theophanes89 (anonymous profile)
August 21, 2011 at 6:54 p.m. (Suggest removal)