EDITORIAL: THE FUTURE OF PROP. 215

It was another day of surprises Wednesday in the case of Marvin Chavez, with
developments that could change the nature of the debate over implementation
of California's medical marijuana initiative.

Mr. Chavez is director of the Orange County Patient, Doctor, Nurse Support
Group, which is trying to find a way to supply marijuana to patients in pain
in a legal fashion, as authorized by California voters when they passed
Proposition 215 in November 1996. Law enforcement officials see the
situation differently and, in Mr. Chavez's case, have charged him with 10
counts of selling marijuana illegally.

Mr. Chavez decided on Wednesday not to take the plea-bargain deal offered
him even though it was considered generous. He declined largely because he
didn't want to plead guilty to a felony he didn't think he had committed.

Then, in another surprise, the case was transferred to another judge. The
new jurist, Judge Frank F. Fasel, agreed to consider briefs and hear
arguments as to whether the defense may bring up Prop. 215 during the trial.
This is significant because the prior judge, Robert Fitzgerald, had decided
not to allow Prop. 215 arguments.

Judge Fasel's reconsideration on the matter doesn't mean he will decide to
allow such a defense, which would be favorable to Mr. Chavez in particular
and the cause of Prop. 215 supporters in general, but the situation has
changed markedly.

Attorneys for Mr. Chavez and Deputy District Attorney Carl Armbrust will
present arguments to Judge Fasel on August 14, after which he will rule on
whether Prop. 215-related arguments and witnesses can be used by the
defense. The trial is scheduled to begin August 24.

In addition, Mr. Armbrust returned the Support Group's medical records,
which Judge Robert Fitzgerald had ruled the district attorney's office could
have, to Mr. Chavez. Mr. Armbrust confirmed to us that his interest was
simple: an undercover police officer had persuaded Mr. Chavez to give him
some marijuana based on a false doctor's recommendation, and he wanted to
find out if that had happened in other cases. He says he has no interest in
investigating doctors or patients who have complied with the law.

These developments raise the possibility that Mr. Chavez's case could result
in clearer guidelines both for police and for would-be caregivers when it
comes to getting marijuana to which patients have a right to it by some
means other than the black market. Even if Mr. Chavez is eventually found
guilty of selling marijuana, his case could offer guidance on how to set up
a legal and above-board distribution system in the future.

That would be more likely, of course, if Prop. 215 is allowed to be
discussed during the trial so the issues involved 97 some of them are
ticklish and the wording of the initiative can be subject to different
interpretations 97 can be aired openly and intelligently.

The best course would be for some city government or for the county
government to pass an ordinance making it clear what kinds of distribution
will be allowed and what won't, with appropriate safeguards to reduce the
likelihood that marijuana used by bona fide patients for medical purposes
will not strengthen or be diverted into the illegal black market.

Oakland passed a law legitimizing the local cannabis club and set out
guidelines for them as has the Northern California city of Arcata.
Admittedly, Oakland's decision to declare workers at the medical-marijuana
co-op to be de jure city employees to shield them from federal and state
prosecution might not be a precedent every city would want to follow. San
Francisco, San Jose and a few other cities are wrestling with the issue.

However the Chavez case turns out 97 we plan to follow it closely 97 it is
time for an Orange County jurisdiction to step up to the responsibility the
state has so far avoided, and set up or authorize the "safe and affordable"
distribution system that Prop. 215 mandated.

Checked-by: "Rolf Ernst"