CANNABIS CLUB LEADER, PARTNER ARE ARRESTED

Police say they sold marijuana in violation of a judge's order. They call
the payments 'donations' for medical assistance.

GARDEN GROVE- The leaders of a group of ailing adults who distributes
medical marijuana to more than a hundred Orange County clients has been
arrested a second time in three months on drug charges, police said Friday.

By selling the drug, Orange County Cannabis Co-Op director Marvin Chavez
41, violated a judge's January order not to sell marijuana, said Deputy
District Attorney Carl Armbrust. In January, Chavez was released from jail
on condition that he not distribute it again, Armbrust said.

During the past month, police say, he and a partner sold marijuana to an
undercover officer twice.

But his partner denied selling the drug in a jailhouse interview Friday. He
said he and Chavez gave it away - then asked for a $20 donation.

The distinction is important because selling it is a felony; giving it away
is a misdemeanor and carries a maximum penalty of a year in jail.
Proposition 215, which passed, allows people to use and grow marijuana for
medical purposes. But an appellate court ruled in January that
distribution of the drug is illegal.

If convicted of the felony charges, Chavez could face up to eight years in
prison, Armbrust said.

The maximum penalty for felony possession of marijuana, possession for the
purpose of sale and conspiracy is four years. But because he allegedly
violated the judge's order twice, he could face an extra four years in
prison - two years per additional sale, he said.

Chavez and Jack Shachter, 41, were arrested Thursday night at their homes
in Santa Ana and Garden Grove, respectively, police said.

Police seized several marijuana plants at both houses and took firearms
from Shachter's home.

"I'm not surprised," said Robert Kennedy, Chavez's attorney, regarding the
arrest. "He's a true believer. He's almost like a religious zealot."

Kennedy said Chavez has pushed the limit of a new law.

"The mandate of the people is that they want it to be available to those
who want and need it," he said.

But the problem is that people such as Chavez are not allowed to distribute
or sell the drug, according to law enforcement officials.

Chavez's partner said club representatives were giving it away for free to
sick people who have been issued cannabis club cards.

The only way to get a card is to have a doctor's note or be a
club-authorized "caretaker" of somebody with a note, he said. After giving
away the drug, Shachter said, he and Chavez would ask for a $20 donation.

He said the club has 187 clients in Orange County, including some who are
unable to grow the plants or otherwise obtain the drug because their
ailments are so debilitating.

"I'm helping people cope with pain, and it makes a world of difference,"
Shachter said. "No, I'm not going to stop. It's much safer and cheaper for
these people - who have doctors' orders - to get it from me then from
somebody on the streets."

The undercover officer got a card saying he was the caretaker of one of
their legitimate patients, he said.

Shachter said he wrote the police officer receipts twice, in both cases
noting in writing that the marijuana was free. He said the guns found
inside his home weren't loaded - except for a handgun stored in a locked
safe.

The officer offered a $20 donation after each transaction, he said.

"It's not about the money," he said. "It's about getting better."