MAN WHO RAN POT CO-OP GETS 3-YEAR DRUG SENTENCE

His Lawyer Says An Appeal Will Invoke Proposition 215.

A former correctional officer who opened a medicinal marijuana co-op in his
home was sentenced to three years in state prison Tuesday for drug sales.

A surprised Michael Urziceanu was taken into custody immediately by
Sacramento County sheriff's deputies, despite pleas from his attorney to
delay the imposition of his sentence while the case is being appealed.

Attorney Victor S. Haltom said he will be filing an appeal today on various
issues, including the fact that the jury was not instructed to consider the
state's Compassionate Use Act when deliberating whether Urziceanu illegally
sold the drug.

The Compassionate Use Act -- Proposition 215 -- was passed by California
voters seven years ago and intended to allow patients who suffer from
chronic pain or other medical ailments to use marijuana to ease their
discomfort.

"I don't see how society is protected by incarcerating Mr. Urziceanu in
state prison," Haltom told Judge Trena Burger-Plavan. "He got into what he
was doing in order to help people and address his own medical issues. I
think he has already been severely punished -- he's been arrested multiple
times, spent six months in jail and had his finances devastated."

Prosecutor Caroline Park, who has argued that the business was a front for
drug dealing, said Urziceanu had ample notice that what he was doing was
considered illegal because he had been arrested several times but continued
to provide cannabis to patients.

"He was aware that he was over the line, or on the line," she said. "At the
time (of his arrest), Mr. Urziceanu was on probation. He knew what he was
doing, but he went that distance."

Sentencing for Urziceanu's co-defendant and business partner, Susan B.
Rodger, was delayed indefinitely after Burger-Plavan announced she had
removed Rodger's attorney from the case and appointed a new lawyer.

The new attorney, Ken Rosenfeld, said he needed to order trial transcripts
and review the entire case to see if a new trial is warranted before he can
be prepared to represent Rodger.

Burger-Plavan would not say why she removed Rodger's prior attorney from
the case after a private meeting in her chambers with Rodger on Oct. 3,
other than to say it involved a "private matter" and concerned their
relationship.

Rodger and Urziceanu were arrested two years ago after undercover narcotics
officers infiltrated their cannabis club, the FloraCare network, in Citrus
Heights and purchased marijuana.

They were acquitted of other charges against them, including a felony
charge of marijuana cultivation. Jurors deadlocked on three other charges
after a trial that lasted more than two months.

After the hearing, Rodger accused the prosecutor and police of being
unfriendly to her business, noting that in other, more liberal counties,
similar businesses are allowed to operate under the guidelines of
Proposition 215.

"It was voted in by the people," she said. "Why, here in the state capital,
are we not getting support?"