PROP.215 DISALLOWED IN POT TRIAL

Courts: A judge says prosecutors can subpoena Cannabis Co-Op patients'
medical records.

A Santa Ana judge ruled Friday that Orange County Cannabis Co-Op founder
Marvin Chavez cannot use Prop. 215 as a defence in his upcoming pot-peddling
trial, Chavez's defence attorney said.

And Superior Court Judge Robert Fitzergald also upheld a prosecutor's
request for proof that people who obtained pot for alleged ailments were
actually ill, defence attorney Jon Alexander said.

The "medical marijuana" initiative allows people to use and grow marijuana
for medical purposes if they get their doctor's approval. The prosecution
contends that Proposition 215 did not allow anyone to sell marijuana.

Deputy District Attorney Carl Armbrust subpoenaed the medical records of
about 50 of Chavez's co-op clients.

The prosecution wants to examine client medical records to find out how many
had a doctor's authorization, said Alexander, who argued unsuccessfully that
the subpoenas violated the patient-doctor privilege.

Fitzgerald also granted Armbrust's motion to block a Prop.215 defence at
Chavez's trial, scheduled to begin Aug.3. Alexander said. Chavez, 41
contended that he gave marijuana to patients who made voluntary "donations."
Alexander said he plans to appeal both rulings.

Checked-by: Melodi Cornett