JUDGE SUSPENDS BALDWIN MEDICAL MARIJUANA TRIAL

The trial of accused marijuana cultivators Michael and Georgia Baldwin was
put on a one-week hold while the judge researches the case's complex legal
issues.

Wednesday morning, Judge James D. Garbolino sent the 15-person jury home and
ordered them to return to Auburn's Historic Courthouse next Wednesday.

Placer County sheriff's detectives arrested the Baldwins Sept. 23 at their
Granite Bay home, where they found an indoor marijuana garden of 146 plants.
The couple was charged with cultivation and sales of marijuana and remain
free on bail.

Both of the 35-year-old Baldwins are claiming protection from prosecution
under Proposition 215, California's Compassionate Use Act. Each possessed a
prescription from their doctor allowing them to use marijuana for migraine
headaches and other painful disorders.

Prosecutors rested their case Tuesday, following testimony of their expert
witness, Nick Mollica.

Following Wednesday's hearing, Deputy District Attorney Dave Tellman said
the pause in testimony gives both sides a chance to submit a written
explanation of the legal issues of medical marijuana.

"Since (Prop. 215) is a new law and there's very little case law on it, the
court is looking for input from both sides to review some of the inherent
ambiguities of the statute," he said.

Lawrence Lichter, Georgia Baldwin's counsel, said the delay could signal the
end of proceedings against his client and her husband.

"The judge will decide if there's a need for the defense to present any
evidence at all," he said. "He may decide it's inappropriate to proceed
with the jury at all."

Lichter also said he's encouraged by the judge's comments that a doctor's
recommendation means protection under the law.

"The judge read the statute enacted by Proposition 215. Once a doctor makes
such a recommendation, patients are supposed to be protected from
prosecution," he said.

Lichter said inconsistent prosecution presents a constitutional problem.

"People should not be discriminated against because they live in one county
or another," he said. "If someone who grows 146 plants in Alameda County
would be innocent, why should you be guilty in Placer County?"

After the hearing, Georgia Baldwin said she is pleased with the trial to date.

"I'm really confident and I'm relying on Prop. 215 to bring forth the
truth," she said. "The prosecution is trying to persecute us."

Throughout the five days of the trial, the Baldwins have been buoyed by the
support of their family and proponents of medical marijuana. With their
marijuana supply confiscated, Baldwin said she's has to resort to taking
opiates for migraines and endometriosis, which subject her to nausea and
vomiting.

"The marijuana helped me relax and prevented migraines," she said, adding,
"This has been exhausting for me and my husband, mentally and physically.
It's put great stress on our family."

Baldwin said she has made Proposition 215 a personal crusade.

"It's appalling that we're coming into the 21st century and medical
marijuana is where it is," she said. "My goal is to get it into hospitals
for cancer patients, AIDS patients, and to women with menstrual problems and
headaches."