R.O. Harden in the first day of school

An attorney for the Purple Cross medical marijuana dispensary criticized the Hollister Police Department for announcing the business insignia was on a baggie of pot found at a school playground this week.

Hollister police on Monday found marijuana in a baggie marked “Purple Cross” – which is the local pot dispensary – which had been recovered at an R.O. Harden Elementary School playground, as the department announced in a press release and on its social media pages.

R.O. Harden officials reported the matter to police, who responded and confirmed the baggie contained a “usable amount of marijuana.”

According to the statement: “The package of marijuana was found by a teacher during the morning on the preschool playground. It is unknown who brought the marijuana to the area of the preschool.”

The attorney for Purple Cross and its founder Scott McPhail noted Thursday that police had yet to get in contact with him over the matter.

“He’s frustrated,” said his attorney, Greg LaForge. “He’s complying with the law. Whether you voted for it or not, the law’s the law.”

McPhail and Purple Cross have been the focus of scrutiny by local authorities and political figures since the dispensary first opened in Hollister at a location on San Benito Street in early 2010.

The city council first took steps to remove McPhail with an ordinance and legal action. Now that Purple Cross has moved into its latest location on Bolsa Road, in county limits, San Benito officials are doing the same.

LaForge contended that there is no clarity whether it was official insignia of Purple Cross or it came from the dispensary. LaForge said he has not ruled out the possibility that – considering the number of dispensary critics – somebody purposely placed the baggie there.

“There’s always a concern about that,” he said, “especially with him and his business.”

LaForge said that more than three days after the incident, and following the police department’s press release, McPhail still had not been contacted about the incident. McPhail called the school, which informed him the security camera there was not working.

“Believe it or not, he wants to help the police,” LaForge said. “If you find a 24-ounce Bud (can), are you going to blame Budweiser? It’s the same principle.”

Hollister police Capt. David Westrick, though, said the department’s goal was to get the word out with hopes someone might come forward with information. He said the baggie finding its way to a school playground “sounds like an accident to me” and that the department was not blaming Purple Cross for it.

“The press release stands for itself,” Westrick said.

Anyone with information as to who is responsible for leaving this item in the area of the preschool playground is asked to call Officer Matthew Weiss at (831) 636-4330. Persons wishing to remain anonymous may call WeTIP at (800) 78-CRIME.

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A staff member wrote, edited or posted this article, which may include information provided by one or more third parties.

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