PROSECUTOR QUESTIONS HAYES' CAREGIVER STATUS

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.