PROSECUTING CHAVEZ

The decision to prosecute Marvin Chavez, founder of the Orange County
Patient Doctor Nurse Support Group, a well-known supporter of medical
marijuana and a patient himself, has been handled poorly in almost every
respect.

The raid on Mr. Chavez's home and the seizure of cannabis plants growing in
his back yard - without acknowledging his patient status (he showed the
Santa Ana police a recommendation but they didn't bother to check its
validity) or leaving him any medicine - was bad enough. To inform him of
prosecution by newspaper rather than by personal notification was
unnecessarily callous.

Vickie Hix, the Orange County deputy district attorney who is handling the
case, did tell us that Mr. Chavez will be officially notified by mail of
the time and place for his Nov. 5 arraignment. She also said it would be
inappropriate to discuss specific aspects of the case now that charges have
been filed. But several questions demand answers.

Mr. Chavez is charged with two counts: cultivation of marijuana (under
Section 11358 of the Health and Safety Code) and possession of marijuana
for sale (Section 11359). Ms. Hix told a reporter, "We simply felt there
was an excessive amount of marijuana for personal use."

But a decision to prosecute shouldn't be based on personal feelings.
Section 11362.5 of the Health and Safety code, approved by the voters as
Proposition 215 in 1996, exempts patients with a recommendation from a
licensed physician from the laws against cultivation, possession and use of
marijuana. The law doesn't specify an amount of marijuana beyond which the
exemption is nullified. It simply exempts bona fide patients. How difficult
is that to understand?

Even if the police believe he had "too much," why didn't they leave at
least some at his home? Shouldn't the district attorney's office, after
checking the validity of his physician's recommendation, release some of
Mr. Chavez's property to him so he won't be forced to resort to the black
market?

The second question Ms. Hix declined to discuss is what evidence exists,
beyond the sheer number of plants, that Mr. Chavez was engaged in sales? If
it is based only on the quantity of cannabis in Mr. Chavez's home, then the
arrest and prosecution look like harassment, pure and simple.

We'll be watching to see if the prosecution and courts respect rather than
ignore the law the people passed.