POT CLUB'S OWNER CITES PROP 215

Courts: If the judge allows the defence in the medical-marijuana co-op
founder's trial. It would be a first.

The marijuana-sale trial of Orange County Cannabis Co-Op founder Marvin
Chavez opened with testimony from a physician on why Chavez should be
allowed to defend himself under provisions of Proposition 215, which allows
for medical use of the drug.

If permitted, the defense would be the first in California under the 1996
measure.

Superior Court Judge Thomas Borris has already tentatively ruled that
Chavez is legally a caregiver under Prop. 215, but only for two of the 10
sale or transportation charges he faces.

Borris has also allowed defense lawyers James Silva and J. David Nick to
ask prosecution witnesses about their medical reasons for buying pot from
Chavez.

The physician said he referred about 250 patients to the co-op.

"Under Prop. 215 I can only recommend it (marijuana use)," said De. Del
Dalton, an anesthesiologist from Laguna Niguel. "What I'd like to do is
prescribe it on a milligrams-per-day basis. Right now there is no way to do
that."

Deputy District Attorney Carl Armbrust maintains that sale of marijuana is
not sanctioned by Prop. 215.

The first witness to testify before the jury was Fountain Valley landscaper
Thomas Pollard. Pollard described how an old friend, who had been best man
at his wedding, was terminally stricken with cancer.

"The marijuana was not helping his condition but it was making him feel a
lot better" by relieving the pain from chemotherapy, Pollard testified.

Pollard testified earlier this year at the trial of co-op officer David
Herrick, but was barred from describing his friend's medical need for
marijuana.

Herrick, a retired San Bernardino County deputy sheriff, lost his bid to
use a Prop. 215 defense, and was convicted and sentenced to four years in
prison.

Checked-by: Mike Gogulski