The president of G3 Holistic, an Upland-based medical marijuana cooperative that also had sites in Colton and Moreno Valley, was arrested and indicted on drug trafficking charges with five other defendants in June.
Sandusky, 41, is the only one who remains in custody due to a dispute over the property he is attempting to have deeded to the court to post his bail.
"The U.S. attorneys are saying that the property is not sufficient. We think that's a stalling and delaying tactic designed just to keep Aaron in custody," said Roger Jon Diamond, who will begin representing Sandusky once he is released.
Sandusky is now being represented by a public defender.
There have been three attempts at posting property for the bond, said Thom Mrozek, a spokesman for the U.S. Attorney's office.
On the third attempt, the initial analysis by the Marshal's Service showed that there was not enough equity in the property, Mrozek said.
"The defense has offered a conflicted figure, so the marshals are conducting a more thorough analysis to determine if there is enough equity in the property," he said.
A U.S. District Court judge in Riverside on June 15 set Sandusky's bail at $200,000, which includes property to be deeded to the court.
The U.S. Attorney's Office appealed the setting of bond, and the federal judge decided to hand the decision over to a U.S. District Court judge in Los Angeles on June 18.
Because the U.S. Attorney's Office did not have the transcripts from the hearing in Riverside available during the hearing, the Los Angeles judge could not make his decision until later that week.
The decision to set bail was upheld, but the court has not signed off on the property that Sandusky has submitted.
Sandusky's brother, Keith Sandusky, 44, was also named in the indictment and arrested. He was released on $50,000 bail one week following the arrests and was ordered to house arrest.
Diamond said the approval could end up in a judge's hands if the court does not sign off on the paperwork.
"Once bail is set, it should have been pretty routine," Diamond said.
According to an indictment filed June 6 in U.S. District Court in Riverside, the six defendants in the case were charged in a conspiracy to manufacture and to possess with intent to distribute marijuana.
The Upland location was the only one of the three sites in operation at the time of the arrest.
The indictment also charges all the defendants with possession with intent to distribute marijuana.
The two charges each carry a mandatory minimum sentence of 10 years in federal prison and a maximum sentence of life in prison.
The trial date has been moved to October.