CANNABIS CO-OP FOUNDER TOLD PROP. 215 NO DEFENSE

The founder of the Orange County Cannabis Co-op won't be able to use
California's medical marijuana law as a defense to charges that he
illegally sold marijuana, a judge ruled Friday. The decision by Orange
County superior Court Judge Frank F. Fasel is devastating to the defence
for Marvin Chavez, who contends he provided marijuana only to ill people
with doctors' permission to use the drug.

"The sole motivation for Marvin Chavez...was his belief that he was acting
according to Proposition 215," defense attorney Jon Alexander said after
the judge announced his decision in a Santa Ana courtroom.

Deputy District Attorney Carl Armbrust sought the restriction because Prop.
215 allows sick people with medical authorization to use marijuana but does
not permit sale of the drug.

Last month,co-op volunteer David Herrick was sentenced to four years in
state prison for selling marijuana. The judge in that case had also barred
use of Prop. 215 as a defence, prompting jurors to submit a note asking if
they could consider "the will of the people" in their deliberations.

Chavez,charged with ten felony counts of marijuana sales and
transportation, faces a maximum sentence of eight years in prison.

A different judge, Robert R. Fitzgerald, had offered to sentence Chavez to
time he's already served in jail if he pleaded guilty.The Santa Ana
resident rejected that offer.

Checked-by: (Joel W. Johnson)