Pubdate: Thu, 01 Feb 2001 Source: Ventura County Star (CA) Copyright: 2001, Ventura County Star Contact: P.O. Box 6711, Ventura CA 93006 Fax: (805) 650-2950 Website: http://www.staronline.com/ Author: Bruce McLean, Ventura County Star writer DISTRICT ATTORNEY DROPS MEDICAL MARIJUANA CASE After tearful testimony from a Camarillo woman who claimed marijuana provided her only relief from pain, prosecutors decided Wednesday to dismiss marijuana cultivation charges against the woman and her husband. Lisa and Craig Schwarz were among the first in Ventura County to invoke Proposition 215, the voter-approved medical marijuana act, as a defense against criminal charges. Sheriff's deputies arrested the couple more than 18 months ago after a search of their home uncovered 68 marijuana plants. After several hours of testimony at a preliminary hearing Wednesday, and only moments before a Superior Court judge was to decide if the couple should stand trial, Deputy District Attorney William Redmond moved to dismiss the case in the interest of justice. "It does not appear the manner in which this (marijuana) was being cultivated was unreasonable," Redmond said. The sudden decision stunned Lisa Schwarz, who suffers from chronic back pain and migraines. "We're kind of numb. It's taken us a year-and-a-half to get this far," Schwarz said. Her attorney, J. David Nick of San Francisco, said the decision is a sign that prosecutors are beginning to better understand medical marijuana cases. "If this decision came a year ago, it would have surprised me," Nick said. "But the last year has been an educational process for the District Attorney's Office." Lisa Schwarz, 44, had a doctor's recommendation to use marijuana for pain relief after three back surgeries and a diagnosis of chronic migraine syndrome. Craig Schwarz, 41, grew the plants for his wife, who could not perform the physical work necessary. The Sheriff's Department said at the time of their arrest that there were too many plants for personal use and accused them of cultivation of marijuana and possession for sale. Prosecutors later dropped the sales charge but moved forward with cultivation charges. During her testimony, Lisa Schwarz, a former nurse who now runs her own publishing business, outlined her medical history, the ferocity of her pain, and her and her husband's efforts to grow their own marijuana. At times Wednesday, she stood, kneeled and squirmed in her chair as she testified. "I have pain every day of my life," she said. The only drug that helped, without the side effects of prescription drugs, was marijuana. "My relief is immediate," she said. "I can work. I don't think about my pain so much ... I can function at a level where I can earn a living." Much of the hearing centered on whether 68 plants were too many for medicinal use. Schwarz testified that she smoked a quarter-to a half-ounce a day and used other parts of the plant in making butter, tea and other food products recommended by her doctor. A defense expert testified that the plants would not have yielded an excessive amount for Schwarz's use. After the hearing, Redmond said the testimony convinced him the number of plants was "not unreasonable." - --- MAP posted-by: Derek