Pubdate: Thu, 12 Apr 2001
Source: Press Democrat, The (CA)
Copyright: 2001 The Press Democrat
Contact:  http://www.pressdemo.com/
Details: http://www.mapinc.org/media/348
Author: Clark Mason, The Press Democrat
Related: http://www.mapinc.org/drugnews/v01/n632/a03.html

POT GROWER STATUS AS CAREGIVER HIT

Prosecutor Says Ex-head Of Medical Marijuana Club Was Dealer, Not Healer

The former head of a medical marijuana club conceded Wednesday that there 
are no records designating him as the primary caregiver for the 1,280 
people who obtained pot from the club.

That is a pivotal issue in the case against Kenneth Hayes, who is being 
tried on charges of growing marijuana for sale.

Hayes contends 899 marijuana plants seized from a home in Petaluma were 
destined for a San Francisco marijuana buyers club.

But under cross-examination by prosecutors, he acknowledged he didn't know 
the specific illnesses or medical needs of many people who came to the club.

Asked about medical records maintained by the club, Hayes said, "I don't 
think you'll find my name on any files."

Proposition 215, the 1996 initiative allowing medical use of marijuana, 
included a provision allowing primary caregivers to be in possession of 
marijuana.

Hayes contends he was the caregiver for members of the club.

Sonoma County prosecutor Carla Claeys questioned him about the contents of 
club member files, piled high in the courtroom next to burlap sacks of 
marijuana taken from his Petaluma home.

The prosecutor asked Hayes how he could be a caregiver to people he saw 
once or twice a year, including some who live in Southern California.

"How can you possibly consistently assume responsibility for the housing, 
health or safety of that person?" she asked, repeating the definition of 
primary caregiver spelled out in the state's medical marijuana law.

Hayes said he helped some people obtain housing, and his staff provided 
free dinners and support groups. "My job was to set up a system to see that 
their needs were met," he said.

He called the club a safe place for people to get their "medicine," free 
from law enforcement hassle. "Rogue cops and D.A.'s continue to prosecute 
patients and caregivers," Hayes said.

Nothing in the law requires users to designate a caregiver in writing, he said.

Prosecutors say Hayes and co-defendant Michael S. Foley weren't caregivers 
but instead were selling marijuana. They also are charged with possession 
of hashish.

Hayes denies that he was providing marijuana to anyone other than bona-fide 
users who had approval from a physician.

Asked why he didn't inform Sonoma County officials he was growing 
marijuana, if he believed what he was doing was legal, Hayes said, "It 
didn't cross my mind I needed to call the district attorney and say "hey, 
I'm growing cannabis for sick and dying people."

He added that it doesn't make sense to announce where marijuana is being 
grown because it could be stolen. "Don't ask, don't tell" is the best 
policy, Hayes said.
- ---
MAP posted-by: Jo-D