Pubdate: Wed, 31 Oct 2001 Source: Tahoe Daily Tribune (CA) Copyright: 2001 Tahoe-Carson Area Newspapers Contact: http://www.mapinc.org/media/443 Website: http://www.tahoe.com/tribune/ Author: Gregory Crofton Related: http://www.mapinc.org/drugnews/v01/n647/a03.html Bookmark: http://www.mapinc.org/find?115 (Cannabis - California) Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal) Note: At http://mapinc.org/find put Macosko in the "Body" for related stories. SOME CHARGES DROPPED AGAINST MACOSKO The district attorney's office will not pursue the charge of possession of marijuana for sale against Matthew Macosko in a case that dates back to April. The 29-year-old from South Lake Tahoe was in El Dorado County Superior Court on Friday, represented by a private attorney from San Francisco named J. David Nick. Nick is well known for his defense of cases related to medicinal marijuana. Macosko is still charged with two counts of transporting marijuana and driving under the influence of the drug. If convicted he could be sentenced to five years in prison. Narcotics agents and police stopped Macosko April 11 after he picked up a quarter-pound of pot from a post office at Al Tahoe Boulevard. Macosko, who says he is a medicinal marijuana provider, had more than $10,000 in cash on him when he was arrested. He said the money consists of donations from his sick clients who he helps set up systems to grow their own marijuana. Law enforcement agents believe Macosko is a drug dealer abusing the Compassionate Use Act. In 1996, the year the act became law, Macosko was convicted of selling marijuana and spent seven months in jail. The parcel he picked up was returned from Kentucky where he had tried to send marijuana to a friend on tour with the rock band Godsmack. Macosko said his friend has a recommendation from a California doctor to treat chronic pain with marijuana. Macosko was arrested again Oct. 2 by narcotics agents. The warrant charged him with providing marijuana to minors, ages 12 and 15. Prosecutors say Macosko tempted a 12-year-old girl with the drug, then used her to deliver some pot to a 15-year-old boy. Prosecutors say the transaction took place last spring at Sky Lake Lodge, a motel at 2644 U.S. Highway 50. In that case, besides being charged with two felonies for supplying minors with marijuana, Macosko was booked for transporting the drug and resisting arrest. Arresting officers found a scale, a quarter-pound of marijuana and $1,800 in cash in his possession. Officers said Macosko refused to comply with their orders during his arrest. If convicted on those charges, he could be sentenced to 11 years and four months in prison. His prison exposure on both cases is less than 14 years. Macosko is next due in court Nov. 30 when a pretrial hearing is expected for his October case. It is set to go to trail Dec. 11. A trial date for his April arrest is also expected to be set that day. - --- MAP posted-by: Doc-Hawk