Pubdate: Tue, 12 Sep 2000 Source: Long Beach Press-Telegram (CA) Copyright: 2000 Press-Telegram. Contact: http://www.ptconnect.com/ Author: Wendy Thomas Russell, Staff writer COURT CHARGES POT GROWER Prosecutor Refiles Cultivation Charge At David Zink's Preliminary Hearing A 55-year-old medicinal marijuana activist from Long Beach was arraigned Monday on three felony drug counts. David Zink pleaded not guilty in Long Beach Superior Court to cultivating marijuana, possessing marijuana for sale and manufacturing hashish, a controlled substance. Long Beach Superior Court Judge James Wright dropped the cultivation charge at a preliminary hearing Aug. 28, but prosecutor John Harlan refiled the count. Zink's attorney, J. David Nick, is expected to bring a motion to dismiss the count at an Oct. 11 pretrial hearing in Judge James Pierce's courtroom. "I feel like I'm being harassed at this point," Zink said after Monday's arraignment. Police raided Zink's home Aug. 10 and dug up 30 marijuana plants from his back yard. Zink told police that two friends and he, all of whom had doctors' notes permitting marijuana use, were growing the plants for personal use. The District Attorney's Office has alleged that Zink is responsible for all the plants. Prosecutors said he possessed equipment used to make hashish, as well as a scale and baggies, items sometimes used to sell pot. Proposition 215, passed in 1996, allows patients and patients' primary caregivers to possess or cultivate marijuana "for the personal medical purposes of the patient upon the written or oral recommendation or approval of a physician." - --- MAP posted-by: John Chase