Pubdate: Sun, 2 Aug 1998
Source: Press-Telegram (CA)
Contact:  
Website: http://www.ptconnect.com/

EDITORIAL: PRAISE AND PILLORY

Rx: Marijuana

Judges have latitude to interpret the law, justifiably.  But it is hard to
fathom, much less justify, the recent decision by an Orange County Superior
Court Judge, Robert Fitzgerald, that Marvin Chavez, who founded the Orange
County Cannabis Co-Op, cannot use Proposition 215 as a defense in his trial
on charges of selling marijuana.

It is perfectly obvious that Chavez was selling marijuana for medicinal
purposes, which California voters approved when they voted for 215.  In
fact, undercover police say they used a fake letter from a doctor when they
tricked Chavez into selling them some marijuana.

Beyond that, the judge approved a prosecutor's request for access to Chavez'
files to check out doctors' notes from others who have bought marijuana,
ostensibly for medicinal use.

The Orange County D.A., Carl Armbrust, argues that 215 doesn't authorize
sales, or even sales that are passed off as donations, therefore Chavez was
breaking the law even if he provided marijuana only for medical purposes.
That theory is a stretch, but not as much of a stretch as arguing that
Chavez can't use 215 in his defense.

Let's hope Chavez wins on appeal.  We'll be surprised if he doesn't.

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Checked-by: Melodi Cornett