Pubdate: Sat, 26 Aug 2000 Source: Times-Standard (CA) Copyright: 2000 The Times-Standard Contact: 930 Sixth St. Eureka, CA 95501 Fax: 707-441-0501 Website: http://www.times-standard.com/front/frontpage.html Author: Jacob Lehman, The Times-Standard GROWER WON'T BE CHARGED The District Attorney's Office has decided not to charge Steven Tuck in connection with the more than 800 marijuana plants he and others were growing in the Wilder Ridge area, said Deputy District Attorney Nandor Vadas. Tuck said the plants were being grown under the name of the Humboldt Research Institute for about 120 people with medical marijuana recommendations. On July 24, sheriff's deputies, led by Sgt. Wayne Hanson, entered the Wilder Ridge property, detained several people while they acquired a warrant, and seized 839 marijuana plants, several guns, books and paperwork. Tuck has vowed to sue the sheriff's department over the incident. Vadas said that while the District Attorney's Office takes the case seriously, it decided not to prosecute Tuck because "we believe he was misinformed to some extent" about the local interpretation of California's medical marijuana law, the Compassionate Use Act of 1996, commonly called "215." "It was appropriate for law enforcement to take the plants," he added. Whether growers can produce medical marijuana for large numbers of patients has been disputed in several Humboldt County cases and will probably become an issue in civil lawsuits. Tuck, who says he is terminally ill and was using his extensive education to develop new strains of marijuana, has been an outspoken advocate of large-scale growing of medical marijuana. "Without people doing what were doing, 215 is a joke," he said. "It's like standing in a hospital and handing someone with pneumonia a loaf of bread and saying 'you have permission to go grow some penicillin.' " Sheriff Dennis Lewis, Hanson and members of Hanson's unit were not available for comment. - --- MAP posted-by: Jo-D