POT GROWER STATUS AS CAREGIVER HIT

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.