PROP. 215 NO DEFENSE FOR CANNABIS CO-OP VOLUNTEER

SANTA ANA, Calif. (AP) -- A cannabis co-op volunteer was convicted of
felony marijuana sale after a judge refused to allow Proposition 215, the
medical marijuana law, as a defense.

David Lee Herrick faces a maximum three years, eight months in prison.
Orange County Superior Court Judge William R. Froeberg scheduled sentencing
for June 26.

Herrick, a 48-year-old retired San Bernardino County sheriff's deputy, was
a volunteer at the Orange County Cannabis Co-Op, whose policy was to
distribute marijuana to the sick under the proposition approved by voters
in 1996.

The case had been anticipated as a test of the law until Froeberg excluded
it as defense on grounds the co-op accepted donations, amounting to sale of
marijuana.

Jurors said they were troubled that the issue never came up during trial
this week. They submitted a handwritten note to the judge asking about "the
will of the people," according to Thursday's Orange County Register.

Instructed that the law does not protect sale of marijuana, they quickly
returned a conviction on Wednesday. Herrick was acquitted of two other sale
charges.

Defense attorney Sharon Petrosino said she would appeal.

"Clearly the jury thought (Prop. 215) was relevant," she said. "The people
voted for this. Let the people make the decision."

"It was a good verdict," said prosecutor Carl Armbrust. "You cannot sell
marijuana. It's not authorized. The law was not changed."

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