THE CHAVEZ TRIAL

Given the instructions the jury received in the Marvin Chavez case-that it
was not to consider Proposition 215 during its deliberations - it is not
surprising that the jury returned the verdicts it did.

Those instructions were unfortunate for two reasons - Mr. Chavez's personal
fate, given that he now faces up to seven years in prison, and, more
broadly, for the fact that they deprived the jury of the opportunity to
offer some guidance to confused officials and patients as to just how the
Compassionate Use Act of 1996 should be implemented.

Prop. 215 included as one of its purposes encouraging the government to set
up a "safe and affordable" system of distribution of marijuana to patients
who, under the new law, had the right to use it so long as they had a
recommendation from a licensed California physician, but might not know how
to grow or obtain it. Except for a few cities, the government failed to
comply with this encouragement, quite notably in Orange County. Instead of
working with people like Marvin Chavez who were attempting to compensate
for the government's failure, Orange County officials filed criminal
charges against him and others.

So a jury instructed to ignore this lamentable history found Mr. Chavez not
guilty of selling marijuana on the first five counts, (involving other
members of the Orange County Patient Doctor Nurse Support Group), but did
find him guilty of the lesser misdemeanor count of giving away marijuana.
On the first two counts involving cover investigators, they found him
guilty of selling, but on the second two counts they found him not guilty.
On the 10th count, of transportation (by mail to Chico), they found him
guilty of a felony.

The defense plans to appeal on the basis of denying the jury the
opportunity to consider a Prop. 215 defense.

Sentencing is scheduled for Jan. 8 in Department 16 of the West Orange
County court in Westminster, with Judge Thomas J. Borris, who presided over
the trial.

We hope Judge Borris approaches the sentencing with compassion and common
sense. We hope even more strongly that local officials will move quickly
and establish guidelines and oversight procedures for marijuana to patents
with a legal right to use it under Prop. 215. State and local legislative
and regulatory agencies also could develop more rigorous definitions for
terms such as "primary caregiver," which turned out to be a source of
contention in this case as it has in other recent lawsuits.

The Chavez case has demonstrated that there are at least hundreds - and
probably more - of patients in Orange County whose doctors are willing to
recommend that they use marijuana.

It takes about six months to grow it. The law says patients have a legal
right to it, but how will they get it? Unless local officials make some
provisions, the only alternative will be the black market, which is too
strong already and carries significant risks of many kinds, not the least
of which is prosecution.

How much longer will they delay?

Checked-by: Pat Dolan