MEDICAL MARIJUANA USER AVOIDS CHARGES

County Cites Judge's Ruling In Its Decision; Case Passed On To DEA.

ONTARIO -- The San Bernardino County district attorney's office
declined to file charges against David Fawcett, a crusader for
medical marijuana who says he uses the drug to treat shingles and
clinical depression.

Chief Deputy Dist. Atty. Richard Maxwell said he made the decision
June 7, after reviewing a previous case in which Judge Dennis Cole
ruled Fawcett was allowed to possess marijuana under the
Compassionate Use Act.

The act allows patients to cultivate and possess marijuana for medical reasons.

Fawcett, 45, was arrested May 22 after police officers saw a
newspaper story and photographs of his marijuana plants. Officers
seized his plants as evidence.

He could still face prosecution under federal law. The case has been
referred to the Drug Enforcement Agency, Ontario Police Det. Mike
Macias said.

Police were hoping the case would give state judges a chance to
clarify the law, which passed in a 1996 statewide referendum.

"The law is not well-written," Macias said. "We felt it was a good
test case, and that the courts should give more definitive guidelines
to law enforcement."

Macias said the definition of a valid medical condition is vague.

After his release, Fawcett planted new plants, but he began digging
them up Thursday morning on the advice of an attorney. Fawcett said
he hopes the federal government won't overrule Cole's decision.

"I don't see how they can go through with that," Fawcett said. "I
know these guys are out to get me."

He said he got the prescription to use marijuana depression after
trying Zoloft, which only made things worse.

"Marijuana works for me. I'm going to continue using it while I have
it," Fawcett said. "If not, I'll go off in a hole and die somewhere."