Underground legacy operator Daniel Kessel of Budhub was convicted for his actions in Ocean County earlier this year. He has since been paroled.
Initially, he was sentenced to five years in jail.
He was released on May 7th after serving from January 5th to May 7th. Previous time served in county jail counted toward his sentence. Kessel is now in the Intense Supervision Program (ISP) as part of his parole after serving time. As part of ISP, he must be home by 8 pm for his curfew unless he is working, for example.
Kessel noted he went to a minimum-security prison with more white-collar criminals than convicted murderers. Ex-Ocean Gate Mayor Paul Kennedy was his cellmate.
Strict Conditions of ISP Parole
He has another 15 months of ISP.
“It’s a tight program. There’s a lot of restrictions. There’s a lot of checks. It’s not easy,” DK explained about ISP. “It’s not anything I’m going to mess up.”
In addition, Kessel has an officer he checks in with regularly.
Notably, Kessel explained they respect his status as an official New Jersey medical cannabis patient, which he has held since 2014.
“It hasn’t been an issue,” he said.
Kessel does not drink, so that restriction does not bother him much.
While on parole, he is working full-time for a nonprofit called “Just Believe,” which helps the homeless in Ocean County find housing and jobs. His friend helped him get the job.
“We work with all the agencies,” Kessel explained.
In addition, they’re building a halfway house to serve veterans.
Fighting the Law versus Making a Deal
Daniel Kessel told Heady NJ he wished he could have forced a jury trial. Like NJWeedman, He believes that support for cannabis legalization is so popular that Prosecutors would not be able to get a jury of 12 people to unanimously agree to a guilty conviction.
“I only took a deal because I lost bail reform,” Kessel explained. “The Prosecutor’s office knows they’re going to side with us.”
If he didn’t take a deal, he would have been made to stay in the limbo of county jail, a common tactic of the State.
He said he was kept in jail where he was not making money. Otherwise, Kessel said he could have fought the charges for years.
“They bled me out, so I signed a deal,” he noted.
Fighting a case from jail is difficult. For example, Kessel said it’s hard to meet with a lawyer in jail and not trust guards to send information to prosecutors.
“Definitely have good lawyers,” he said about fighting charges.
Kessel said he had 2 good lawyers. They were costly but worth it.
“You have to have the balls to say no to prosecutors,” he added.
“Don’t be scared of indictment. There’s still time to negotiate plea deals,” Kessel said.
“It was kind of a deal I couldn’t pass up,” he noted. “It’s hard to fight when your hands are tied.”
Kessel said many are.
“My money was moved to a civil case,” he noted. “Now my criminal case is done my civil case will be starting.”
They seized in 3 raids about $850,000 in cash, Kessel noted.
Lenient Judgement of Underground Legacy Operator
He made his argument and noted the judge gave him a lenient sentence. Kessel praised her actions.
“If she could have gotten lower, she would have,” Daniel Kessel argued.
When his lawyers negotiated a deal, he figured he would not have to serve the full 5 years in jail.
“My judge was absolutely amazing,” Kessel declared.
He said the judge thought he was helping people who could qualify as legal medical cannabis patients.
“These were her words,” Kessel insisted.
“I literally used one of my clients as an example I didn’t use their name.,” he explained.
“I look forward to you getting out and opening the proper way,” he recalled the judge saying.
“Judges don’t always side with prosecutors,” Kessel noted.
He said he would not have gone to jail if the charges occurred in any other country in New Jersey.
“They’re just floating. They’re not really going anywhere,” Kessel said about similar underground legacy operator cases elsewhere.
Opening up Budhub as a Legal Cannabis Dispensary in Ocean County
He has stopped acting as an underground legacy operator with Budhub and still wants to open a licensed dispensary in Ocean County. Prior to his legal trouble, Kessel was advocating for towns to allow dispensaries.
“I’m still working to open up. Budhub is not dead. We’re not operating, but we’re a full force to open up,” he declared. “That’s the goal still. I knew what I got into. I knew this was a possibility.”
Kessel added, “I have a path now. Hopefully, in the next few months, we have some big plans coming.”
“I took a cannabis charge. I’m social equity,” he argued.
But while Ocean County might be where the Jersey Shore show with its fun drinking took place, they don’t like legal cannabis much.
“We’re fighting a mountain. It’s an uphill battle. It’s slowly happening,” Kessel said.
He noted the conservative politics of Ocean County make it very difficult to find a friendly town to base a dispensary.
“Marijuana in New Jersey should no longer be a political football,” Kessel exclaimed. “Budhub wouldn’t have thrived in Ocean County if Republicans don’t smoke.”
“The world doesn’t end when there’s a dispensary in your town. If anything, it brings better business,” he argued.
Kessel spoke well of the High Profile Dispensary that opened in Lakehurst.
“Until I open,” he joked.
Kessel wants to apply for an annual dispensary license once he secures town approval and property.
“There’s no point in applying to the CRC (NJ Cannabis Regulatory Commission) for a conditional (license),” he argued. “Without town approval and site control, you’re dead in the water.”
Despite the challenges he faces, “I feel positive about the future,” Daniel Kessel said.
