Pubdate: Mon, 01 May 2000 Source: Oakland Tribune (CA) Copyright: 2000 MediaNews Group, Inc. and ANG Newspapers Contact: 66 Jack London Sq., Oakland, CA 94607 Feedback: http://www.newschoice.com/asp-bin/feedback.asp?PUID486 Website: http://www.newschoice.com/newspapers/alameda/tribune/ Author: Jeff Chorney, Staff Writer STILL NO CHARGES IN HEMPERY CASE HAYWARD -- To those not struggling with disease, says Hayward Cannabis Buyer's Club member Phillip Mol, the Foothill Boulevard club at the Hempery probably just looked like a bunch of people sitting around smoking pot. But to Mol and the 200 other clients of the club, which was shut down after a police raid in February, it made a "huge difference" in their lives. Mol is a 38-year-old diagnosed manic-depressive who says he was a "virtual shut-in" before the club. Since the raid, he's gone to a club in San Francisco to get pot. Others -- many of whom have AIDS, cancer and other diseases -- have resorted to buying dime bags from street dealers to get the "medicine" they call cannabis, said Mol and club founder Bob Wilson, who was arrested in the bust. "I consider myself a law-abiding citizen, except for the marijuana issue," Mol said. On Feb. 22, the Hayward Police Department carried out what Wilson called a "soft raid" at the Hempery, 22580 Foothill Blvd. Officers came in with guns, but no one was thrown to the floor. Police seized $4,000 in cash, dug up marijuana plants and confiscated medical records. They shut down Wilson's buyer's club, even though similar operations thrive without police interference across California under Prop. 215. That voter initiative legalized the use of marijuana for medical purposes. The county has not yet alleged that Wilson is a criminal. The Alameda County District Attorney's Office hasn't filed any charges against him. Deputy District Attorney Jeff Rubin, part of the county's major drug dealer prosecution team, says his office has not made a final decision whether or not to charge Wilson. Wilson was arrested during the raid on suspicion of possession of marijuana for sales and for having a gun while committing other crimes. He says the gun was for protection. Rubin says that although his office has no time limit other than to "act in a reasonable manner," the decision on charges will be partially based on medical records seized in the raid. And going through those records takes a long time, he says. Prosecutors want to make sure Wilson was abiding by Prop. 215. "I was going to go down there and try to get (my medical records) back but I just don't want to expose myself to the police that much," Mol said. For his part, Wilson is frustrated waiting for the other shoe to drop. He interprets the delay as a tactic by the District Attorney's Office to bully him into closing the club. When asked if his office was dangling criminal charges over Wilson's head, Rubin said he would not discuss the ins and outs of the case until the charging decision is made. The Hayward club was growing marijuana in the same building where the Hempery is located. Wilson is careful to draw a distinction between the club's activities and the Hempery as a retail store. The store's merchandise includes used records, hemp clothing, and kits to help people pass urine drug tests. The club, Wilson says, is a cooperative designed to get cannabis to people with doctors' recommendations, which are required by the proposition. The club rents space from the Hempery. It raises rent money by charging an overhead for providing cannabis, which Wilson says is normal for clubs to do. Wilson has had a shop in downtown Hayward and has been an outspoken medicinal marijuana advocate for several years. He uses cannabis himself for chronic arthritis. So why did the police pick this year to bust him? "We're of the opinion that he's selling it for profit," said Hayward police Capt. Manuel Silva. Narcotics investigators recently became aware that he was growing 200-plus plants inside the building. That, combined with their belief that Wilson was selling for illegal, recreational use, forced them to act, police said. Mol and other patients say Wilson is very strict about who he lets become a member, requiring several forms plus a written recommendation from a doctor. Wilson challenges the police department to bring forward the "criminals" to whom he was selling. According to a search warrant filed at the Hayward Courthouse, an unidentified informant with a pending criminal case told police he or she had purchased marijuana from Wilson. The warrant does not say whether that was for medicinal use. The warrant also was granted on the basis of a city building inspector's statements and an undercover police officer's observations. Wilson says that at this point he just wants to take the next step in the legal battle. "If they charge me, good," he said. "I'll never get convicted in Alameda County." - --- MAP posted-by: Jo-D