Pubdate: Wed, 13 Jun 2001
Source: Los Angeles Times (CA)
Copyright: 2001 Los Angeles Times
Contact:  http://www.latimes.com/
Details: http://www.mapinc.org/media/248
Author: Gene Maddaus
Note: News from Ontario in the Times Community Newspapers
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)

MEDICAL MARIJUANA USER AVOIDS CHARGES

County Cites Judge's Ruling In Its Decision; Case Passed On To DEA.

ONTARIO -- The San Bernardino County district attorney's office 
declined to file charges against David Fawcett, a crusader for 
medical marijuana who says he uses the drug to treat shingles and 
clinical depression.

Chief Deputy Dist. Atty. Richard Maxwell said he made the decision 
June 7, after reviewing a previous case in which Judge Dennis Cole 
ruled Fawcett was allowed to possess marijuana under the 
Compassionate Use Act.

The act allows patients to cultivate and possess marijuana for medical reasons.

Fawcett, 45, was arrested May 22 after police officers saw a 
newspaper story and photographs of his marijuana plants. Officers 
seized his plants as evidence.

He could still face prosecution under federal law. The case has been 
referred to the Drug Enforcement Agency, Ontario Police Det. Mike 
Macias said.

Police were hoping the case would give state judges a chance to 
clarify the law, which passed in a 1996 statewide referendum.

"The law is not well-written," Macias said. "We felt it was a good 
test case, and that the courts should give more definitive guidelines 
to law enforcement."

Macias said the definition of a valid medical condition is vague.

After his release, Fawcett planted new plants, but he began digging 
them up Thursday morning on the advice of an attorney. Fawcett said 
he hopes the federal government won't overrule Cole's decision.

"I don't see how they can go through with that," Fawcett said. "I 
know these guys are out to get me."

He said he got the prescription to use marijuana depression after 
trying Zoloft, which only made things worse.

"Marijuana works for me. I'm going to continue using it while I have 
it," Fawcett said. "If not, I'll go off in a hole and die somewhere."
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