SMOKE POT IN JAIL? SHERIFF TO DECIDE

A medical marijuana advocate says Prop.215 entitles him to smoke marijuana
for his back ailment.

A judge ordered medical marijuana advocate Marvin Chavez held for
prosecution on pot-sales charges Friday but declined to rule on a request
that the defendant be allowed to follow a doctor's advice and smoke
marijuana while he awaits trial in the Orange County Jail.

Defense lawyer Robert Kennedy argued that Chavez has a serious back ailment
and under Proposition 215 is entitled to have the county provide him with
marijuana to relieve his pain.

"I'm not unsympathetic to a person with back problems." said Superior Court
Judge Cecil Hicks in referring the request to Sheriff Brad Gates. The
judge's own back ailment and medication contributed to his declaring a
mistrial recently in a murder case.

Deputy District Attorney Carl Armbrust said he took no position on the
request in court because he doubts Gates, a staunch opponent of Prop. 215,
will grant the request. "I don't think that prisoners in any jail or prison
should be allowed to smoke marijuana and I don't think our sheriff is going
to allow it."

Sheriff's spokesman Lt. Hector Rivera said no similar request has ever been
made.

San Francisco County Sheriff Michael Hennessey has said inmates with a
valid medical prescription may smoke marijuana in his jail, said
Hennessey's chief of staff, Eileen Hirst. "That hasn't happened yet," she
said.

Matt Ross, a spokesman for Attorney General Dan Lungren, said numerous
problems could be anticipated if inmates are allowed to smoke marijuana.
"How are you going to be able to keep them from passing it to other inmates
who aren't entitled to it?"

Kennedy said if Gates turns down the request, he will renew it with the court.

Checked-by: jwjohnson@netmagic.net (Joel W. Johnson)