MEDICAL MARIJUANA ADVOCATES WIN ONE BY DEFAULT

Paso Robles resident Jeff Bray has been on the rocket end of a learning
curve these past few weeks.

He knows now, for example, that (a) he needs a headlight on his bicycle;
(b) he should be carrying proof that his possession and consumption of marijuana
is doctor-prescribed; and (c) he won't be prosecuted and sent to
prison for three years after all.

Paso Robles police and county district attorney's prosecutors learned
Monday that arresting and incarcerating people for growing and smoking pot
just got weirder in SLO.

[Note to readers: Finish this article before lighting up in public.]

Bray, 38, was riding his bicycle March 1 around 10:30 p.m. and was across
the street from his home when he was stopped by Paso Robles police officer
Dave Torres.

"While I was talking to Bray, I noticed his eyes were extremely dilated,"
Torres wrote in his subsequent report. "I asked Bray if he was taking any
medications that would make his eyes dilate."

Bray mentioned several he used to control his epilepsy, concluding with
marijuana - prescribed by a Santa Monica physician, he noted.

Under provisions of state law, via the California Compassionate Use Act of
1996, Bray's use, cultivation, and possession of marijuana is lawful. Under
federal law, the pot question is more cloudy.

Torres asked Bray if he had any marijuana on him. Bray said he did and
pulled out a small plastic bag containing half an ounce of cannabis and a
rolled cigarette.

Bray then said that his documentation was in his home and displayed the
business card of Dr. William Eidelman. Torres, who by this time had been
joined by a second officer, directed Bray to get the doctor's prescription.

When Bray opened the front door of his home, Torres, who had stepped into
the house, saw 12 seedling pot plants in the front room. He figured that
Bray was at least guilty of breaking federal law for cultivating the weed
and whipped out the handcuffs. Confiscated was evidence including
"marijuana, grow lights and equipment, Zig-Zags [cigarette papers], a pipe,
and a High Times magazine."

Deprived of his medication while spending 37 hours in San Luis Obispo
County Jail, Bray suffered a grand mal seizure and a resulting gash on his
head.

On Monday local prosecutors chose to dismiss all charges against Bray
rather than tackle a recent 9th U.S. Circuit Court of Appeals decision "to
permit distributions to patients for whom marijuana was a medical necessity."

"I think the court did the right thing," said Bray moments after his
charges were dropped, "but where does it say that I am able to use medical
marijuana in the privacy of my own home? And not end up back in this
courtroom?"

Dan Blackburn is a regular contributor to New Times.