RECOVERY CENTER SCRUTINIZED DURING PRELIMINARY HEARING

YREKA - California's Compassionate Use Act of 1996 has once again been put
under the microscope of the court - this time during a preliminary hearing
Wednesday for Steve Fisher, founder of the WayBack Recovery Center.

Details of the Aug. 4 raid at the Klamath River facility were examined by
prosecuting attorney Steve Larson as he questioned two different Marijuana
Eradication Team (MET) officers on the stand at length. The officers had
taken part in the raid with approximately 10 other officers.

Although Fisher, who runs the recovery facility from his home, claims he
falls within the guidelines of proposition 215 (the Compassionate Use Act
of 1996), he was arrested during the raid and charged with cultivation of
marijuana, possession of marijuana for sale, and theft by false pretense.
This last charge is based on the allegation that Fisher takes money from
residents to stay at the center.

Fisher, who has a criminal record from the 1980s, was also charged with
illegal possession of ammunition by a felon and illegal possession of a
cane sword.

"We were wearing flack jackets and carrying M-16 rifles when we went in,"
said one officer, as he described the early morning scene. "When we
detained him, he (Fisher) said he had a physician's recommendation and that
proof was posted in the garden. He also showed us a copy of a written
recommendation from Dr. Todd Mikuriya of Berkeley that he had in his wallet."

The officer stated they found copies of the recommendation posted on each
of the 18 plants outside in two locations, but they felt Fisher was not in
compliance due to an agreement with the Siskiyou County District Attorneys
Office.

"We have an agreement that four plants per person is enough and he had more
than that," said the officer. "He then said he was a caregiver for two
other people but that turned out to not be true."

Defense attorney Nick Holt pointed out to the court that nowhere in Prop
215 does it say how many plants is too many. "There is no statutory limit,"
said Holt.

The officer further stated they had been tipped off by two former patients
of the center who left after a short stay, claiming they were exposed to
the smoking of marijuana on a daily basis and didn't think it was proper
treatment for a recovery facility.

"One of the men said almost immediately after he arrived there that
marijuana was brought out and smoked freely with him," said the officer.
"He also said that the food provided at the center was mostly macaroni and
cheese with peas mixed in and that he was given only a mattress in the
attic as a place to sleep."

Testimony was further given that the young man's mother had paid Fisher
$300 or $350 to cover the cost of her son's needs while staying at the
center.

"We interviewed her and she said if she knew marijuana was being used at
the place, she never would have brought her son there," said the officer.

Defense attorney Holt asked the officers if the young man who had
complained had been paid for his information. Both officers answered "no."
He further questioned the officers regarding Fisher not having his Miranda
rights read to him before he was detained.

"He had not been Mirandized but he was not free to leave," said the
officer. "I told him at that point he didn't have a right to have an
attorney because my training was he was not to talk to an attorney until he
had answered some questions. I was trying to determine if a crime had been
committed."

Fisher, who remains out of jail on bail, sat shaking his head seemingly
amazed at the testimony being given.

"This is all bogus and that'll be proven," said Fisher after the hearing.

After several hours of questioning, Judge Charles Henry ruled that enough
evidence existed to go forward with a trial on all charges.