COURTS: DEFENSE ATTORNEYS CONTEND THAT THE CANNABIS CO-OP LEADER WAS
ENTRAPPED.

Superior Court Judge Thomas Borris changed his mind Tuesday and ruled that
Orange County Cannabis Co-Op co-founder Marvin Chavez may not use
Proposition 215, the "medical marijuana initiative," to mount a defense
against pot-sale charges.

Defense lawyers at Chavez's trial plowed on in the wake of the decision by
mounting an entrapment defense. The attorneys got an undercover police
officer to admit on the stand that he feigned chronic back pain and provided
Chavez with a false driver's license and phony doctor's recommendation in
order to obtain small quantities of marijuana from the defendant.

"Did you say you would speak to a doctor and it would be no problem getting
a letter recommending marijuana for relief of chronic back pain and
arthritis in both of your legs?" asked San Francisco lawyer David Nicks.

"Yes," answered District Attorney's Office investigator Joseph Moreno, who
looks more like a middle-age businessman than an undercover narcotics
officer.

Chavez rejected a recommendation for Moreno from a phony chiropractor
because chiropractors ordinarily do not recommend medication, Moreno said.
Moreno later brought Chavez a recommendation that appeared to be from a
physician but had been concocted by the District Attorney's Office.

Deputy District Attorney Carl Armbrust maintains that marijuana sales are
not sanctioned by Prop. 215 and that it is immaterial why Chavez was
providing anybody with pot.

Chavez has contended that the co-op was attempting to provide marijuana for
those in medical need without their having to resort to buying pot from
criminal street dealers.

Borris said earlier that he was inclined to allow Chavez to use the Prop.
215 defense. Chavez is charged with 10 counts of selling or transporting
marijuana to individuals.

But after questioning the patient who said Chavez was his "primary
caregiver," Borris ruled that Chavez fails to meet the criteria of a
"primary caregiver" as defined by Prop. 215. The trial continues Thursday.

Checked-by: Rolf Ernst