Pubdate: Sun, 08 May 2005
Source: Tribune, The (CA)
Copyright: 2005 The Tribune
Contact:  http://www.sanluisobispo.com/mld/sanluisobispotribune/
Details: http://www.mapinc.org/media/391
Author: Sarah Linn
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)

CHARGES STILL TO BE DECIDED IN BROWNIE CASE

The District Attorney's Office Is Investigating The Case Of Alleged 
Marijuana At SLO Hospital

It could take another week or two for the county District Attorney's Office 
to determine what, if any, charges to bring against the suspected baker of 
brownies believed to be laced with marijuana that were eaten by a dozen 
hospital workers two weeks ago.

An employee's family member allegedly brought the treats to Sierra Vista 
Regional Medical Center in San Luis Obispo on April 20, according to 
hospital spokesman Ron Yukelson. Staff members, including on-shift nurses, 
reported feeling strange half an hour after eating them, he said.

Neither Sierra Vista nor local police have identified the employee or 
relative. No arrests have been made, and the case has been turned over to 
the DA's office, police spokesman Rob Bryn said earlier this week.

"We're taking it very seriously," said Chief Deputy District Attorney 
Stephen Brown.

Deputy District Attorney Linda Luong, who specializes in narcotics cases, 
is reviewing the incident with the San Luis Obispo Police Department, Brown 
said. Luong will help complete the narcotics investigation and decide what 
charges, if any, to press.

"The most obvious charge is furnishing marijuana," a misdemeanor, Brown said.

That the alleged brownie baker distributed a controlled substance to 
unknowing, on-duty medical workers may, however, warrant a stronger charge, 
he said.

One possibility is that of willfully mingling a poison or harmful substance 
with food, drink or medicine, Brown said. That felony charge carries a 
sentence of two to four years in state prison.

Marijuana's status as a controlled substance under state and federal law 
makes it likely that it would considered harmful, Brown said.

If the District Attorney's Office decides to press charges, Brown said the 
office would either send a notice asking the suspect to appear in court or 
ask a judge to issue an arrest warrant.

The state Department of Health Services is looking into an incident that 
occurred at the hospital the same week, according to spokesman Robert 
Miller. But he wouldn't say whether the investigation was connected to the 
pot-laden brownies.
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MAP posted-by: Elizabeth Wehrman