CHAVEZ: JUSTICE DELAYED

As the medical marijuana issue heats up, fueled by recent cruel and unusual
federal raids on California patients growing their own in accordance with
state law, Orange County's most visible patient/activist is still tied up
in court. On Friday Marvin Chavez's pretrial proceeding, for an arrest and
seizure of plants that occurred more than a year ago, was scheduled for
Oct. 11.

When the trial finally gets under way, at least Mr. Chavez will have the
right, under the California Supreme Court's recent decision in People v.
Mower, to request dismissal of charges based on his undisputed status as a
patient. It's a shame the district attorney's office has not simply decided
to drop the idea of prosecution.

When Mr. Chavez was arrested, more than 40 plants in various stages of
growth were seized. As nearly as we can tell, since no evidence of sales or
trafficking has been presented or even alleged, the prosecution's case is
based on the number of plants alone. That's dubious, since state law does
not mention plant quantity and Orange County has not developed patient
guidelines.

When the California Supreme Court ruled in July on Myron Mower's case,
which involved 31 plants, it sent it back to Tuolomne County for a new
trial under different guidelines. This week Tuolomne County prosecutors
announced they would not reprosecute the case but would move to dismiss it.
Orange County prosecutors should do likewise.