JUDGE ORDERS HEARING ON POT AS MEDICINE

TEMECULA: Before The Court Are A Couple Who Grew Marijuana To Treat
Their Various Illnesses.

TEMECULA - A judge on Friday ordered a hearing on the medical pros and
cons of marijuana before deciding whether to dismiss charges against a
Temecula couple who contend they grew pot to treat assorted illnesses.

The prosecutor and defense attorney called the upcoming hearing in the
case against Martin and La Vonne Victor highly unusual, saying judges
don't usually require such exhaustive testimony before ruling whether
to drop charges.

Deputy District Attorney Quinn Baranski said the hearing before
Riverside County Superior Court Judge Rodney Walker will be a "trial
before the trial."

The Victors are charged with possessing and cultivating 21 pounds of
marijuana in their Temecula home and face up to 32 months in state
prison if they are convicted. Their attorneys have asked to have the
allegations thrown out.

La Vonne Victor, 47, suffers from multiple sclerosis, damaged
vertebrae, emphysema and panic attacks. Martin Victor, 50, suffers
cluster headaches as a result of damaged optic nerves.

Both say marijuana provides relief from their chronic and intense pain
without the side effects of other medications.

Walker said he wants testimony to include what types of serious
medical conditions marijuana can treat, other medications that could
help patients like the Victors and how doctors supervise patients for
whom they prescribe marijuana. He also wants to know about the effects
of smoking marijuana on the lungs and respiratory system.

"These are questions that need to be asked," Walker
said.

Walker expressed doubts that Prop. 215, the voter referendum that
allows for the "compassionate use" of marijuana, trumps federal
statutes that outlaw the drug.

"I don't see how a state statute can supersede a federal statute,"
Walker said. "I think (that issue) needs to be addressed."

Walker set the hearing for Dec. 1 and said it could take a week to
complete.

Baranski said that in 10 years of practice, he has never participated
in such a hearing before a motion to dismiss charges. He said
prosecutors will present evidence to support their contention that the
Victors broke the law by growing marijuana.

Defense attorney Zenia Gilg said she's confident that her experts can
satisfy all the judge's concerns. She said she will argue that the
Constitution allows states to determine whether residents can use
marijuana for medical purposes.

"I do not see a jury convicting these people, because they are
innocent," Gilg said.

After Friday's hearing the Victors said the case against them, now
almost 2 years old, is stressful and draining.

"They're going to break us," Martin Victor said. "That's what this is
all about. This has gone on a long time, too long."

La Vonne Victor said she and her husband followed Prop. 215, approved
by voters in 1996, when they grew eight plants at their home near the
Pechanga Resort and Casino. The Victors contend the plants yielded
about eight pounds of marijuana, not the 21 law officers allege.

"They're treating me like a criminal and I'm not," she said. "Call me
naive but when a law is passed you would think the authorities would
abide by it."

Meanwhile, waiting for a trial, the Victors continue to medicate
themselves with marijuana that they buy, since what they grew was
confiscated.