Pubdate:  81597
Source:   Orange County RegisterNews,page 4   
Contact:  Death derails early test of medical pot 

The Associated Press 

SAN FRANCISCOThe death of a defendant in the first criminal court case
involving the state's Medical Marijuana Initiative has forced prosecutors
to drop the charges.

The case against Jason Miller and Alan Martinez, who were accused of
growing pot in their Santa Rosa home,was dismissed Wednesday in Sonoma
County Superior Court.

Martinez claimed he had been smoking marijuana for ten years on his
physician's advice to prevent epileptic seizures.Miller said he was
Martinez's caregiver and grew pot legally under Proposition 215, the
medical Marijuana Initiative,passed by voters in November.

Martinez died July 3 in a car accident in western Sonoma County,possibly
after a seizure.

That weakened the case against Miller, prompting prosecutors to drop the
charges,said Kathleen DeLoe,chief deputy district attorney.

The first trial case using Proposition 215 as a defense is continuing in
Marin County,where Dr. Alan Ager was arrested for growing 135 marijuana
plants at his Nicasio home.