SUPPORTERS RALLY FOR MAN JAILED FOR POT

Diaz has a California prescription for marijuana to treat his asthma.

Supporters of the 20-year-old man being held in Brown County for
possession of medical marijuana have launched a campaign to secure
his release by contacting government officials -- both state and
local -- to plead his case.

But law enforcement officials in Brown County are standing by the
arrest and incarceration of Chris Diaz, 20, who faces felony charges
for having medical marijuana in his possession.

Diaz was on his way to Austin when he was arrested by Texas
Department of Public Safety Trooper Martin Molotsky after a traffic
stop June 27. During a search of Diaz's vehicle, the trooper said he
discovered less than 2 ounces of marijuana and some hashish, a
concentrated form of marijuana.

Molotsky pulled Diaz over at 2 a.m. on U.S. 67 after he noticed the
1990 Mercedes had expired registration, according to Senior Trooper
Sparky Dean, a spokesman for the DPS.

When asked for his license and insurance, Diaz informed Molotsky "he
did not have one," Dean reported. "His name was requested numerous
times, and he failed to give it to the trooper," Dean said.

The trooper then arrested Diaz for failure to identify. Diaz was
searched, and a quantity of hashish was found on him. During a search
of the vehicle, marijuana and hash were found. He later contacted the
vehicle's owner, Diaz's mother, who said her son was traveling from Amarillo.

Diaz remains in custody at Brown County Jail, charged with the
manufacture and delivery of a controlled substance more than 4 grams
and less than 400 grams (hashish), a second-degree felony. Diaz also
was charged with possession of marijuana, less than 2 ounces. His
bonds total $40,000. Possession of marijuana is a misdemeanor
punishable by up to 180 days in jail.

On Sept. 1, 2007, a new law went into effect in Texas which gives
officers the option of issuing a citation for possession of marijuana
in quantities of 4 ounces or less.

Brown County Sheriff Bobby Grubbs has said that no matter what --
medical marijuana or not -- pot is an illegal substance in Texas and
those who violate the law will be arrested in Brown County.

Generally speaking, hash is very similar to marijuana, said local
defense attorney John Young.

"It is more like marijuana than any other drug," Young said. "A
$40,000 bond seems to be rather high."

Michael Murray, Brown County district attorney, said he expects the
DPS to turn the case over to him.

"I haven't received the report yet," Murray said, adding that he will
move forward on the case after he receives all of the documents. In
an attempt to secure Diaz's release, the Rev. Sean Gunn, who
represents the THC Ministry of Austin, and Diaz's mother have sent
letters to Sen. Kay Bailey Hutchison, R-Texas, as well as county and
district officials.

Murray said he has received letters and documents from Diaz's camp
lobbying for his release.

But Diaz's supporters are asking why he has not been assigned a
public defender after being in jail for 14 days.

"Why has it taken two weeks to get the paperwork to him?" asked Steve
Haag of the Texas Coalition for Compassionate Care, a nonprofit
organization that supports the use of medical marijuana in Texas.

Brown County Chief Deputy Bobby Duvall disputes Haag's claims.

"Diaz has always had access to an attorney," Duvall said. "The jail
has a pretty broad policy when it comes to allowing lawyers to see
the inmates. They just have to play by obvious rules concerning security."

Haag implored county officials to understand that Diaz is an
asthmatic who was being treated for the condition via a valid medical
marijuana prescription from California.

"Why would you keep a kid with chronic asthma for two weeks without
medication?" Haag asked. "Isn't that a liability to the county?"

Haag said that in most cases when marijuana is used medically, it is
not smoked, but rather vaporized or eaten. "How is it possible that a
sheriff's department is dictating medical treatment or the lack
thereof?" Haag said.

Jail physicians are aware of Diaz's medical problems, Duvall said.

"Diaz will receive real medical attention, if necessary," Duvall
said. "And no, we won't give him a joint to smoke if his 'asthma' kicks in."

Diaz's mother and Gunn have sent at least three forms to the Brown
County Sheriff's Office alleging that Diaz's civil rights have been
violated. Both claim that they are "sovereign citizens" who believe
in the law of the U.S. Constitution. Gunn and others claim a federal
civil rights violation is occurring because Diaz, a strict organic
vegetarian, has been denied proper nutrition, health care and legal counsel.

In a letter to Sen. Hutchison, the woman who identifies herself only
as "Chris' Mom" claims the marijuana was found in her son's suitcase
in a "California compliant medicine bottle."

"My son does not take harmful drugs, or any drugs for that matter,"
she wrote. "He's only 20 and has never been through anything like
this before and is now put with violent offenders."