STINGING THE DEFENSE

The Chavez Trial

Marvin Chavez's trial on 10 counts of marijuana sales-or,depending on how
you view matters, of trying to implement Proposition 215, whereby voters
gave patients with physicians' recommendations the right to use marijuana -
resumes today, with an evidentiary hearing and more prosecution witnesses.

Superior Court Judge Thomas Borris has ruled that the defense may not use a
Prop. 215 defense on the first two charges, which involve chronic back pain
patient Greg Hoffer, because the judge was not convinced there was enough
evidence that Mr. Chavez was Mr. Hoffer's "primary caregiver." He had
previously decided not to allow a 215 defense on three charges involving
Jerry Pollard, because Mr. Pollard was a caregiver for another patient (now
deceased), and Judge Borris believes transactions among caregivers (real or
alleged) are not covered by the law.

The defense is still trying to establish a caregiver relationship between
Mr. Chavez and Shirley Reaves of Chico. So the concept of "primary
caregiver," imprecisely defined in the proposition and still up in the air
as far as the courts are concerned, continues to be a central issue.

Regarding the four remaining charges arising from Mr. Chavez's furnishing
small amounts of marijuana to undercover law-enforcement operatives, the
prosecution is expected to argue that this was a standard drug dealer case,
and the defense will argue that the way the police handled the case
constituted illegal entrapment.

However the case turns out, it could help to set guidelines for patients
who have a legal right to possess and use marijuana under the California
law, but don't know how to acquire it. Whether the outcome of this trial
and other actions will spur state or local officials to set up clearer
protocols for implementing Prop. 215 is an open question.

Checked-by: Mike Gogulski