POLICE RAID SJ POT CENTER, FILES SEIZED

The Santa Clara County Medical Cannabis Center is under investigation after
a march 23 raid by the San Jose Police Department.

The police arrested Peter Baez, the center's co-founder and executive
director, for one count of illegal sales of marijuana during the raid,
according to Sgt. Chris Moore, San Jose Police spokesman.

During the raid, the police seized all the center's client files and made
copies, but returned them to the center so it could continue to operate,
Moore said.

Baez's attorney, BJ Fadem, a 1980 San Jose State University graduate, said
Baez is innocent and there is a clear verification from the doctor in the
client's file.

Fadem said the police confiscated every single one of the center's client
files with confidential medical information, but have not returned all the
records to the center.

Moore said a person who had no recommendations from any doctor for
medicinal marijuana use was sold marijuana by the center.

"We're really disappointed that this happened because the city has worked
very hard along with the police department and the DA's office to make this
happen (the medical cannabis center)," Moore said.

A set of regulations governing the dispensing of medical marijuana was
adopted by former San Jose Chief of Police Louis Cobarruviaz on May 14,
1997.

Under the regulations, the center must keep the records of each client's
illness, address, phone number and a dated record of a physician's
recommendation for the medical use of marijuana.

The doctor's recommendation for medicinal marijuana use must be renewed
every six months.

Moore said the raid was conducted after the investigation of a separate
municipal court marijuana possession case. In that case, the defendant
said in his defense that he had a doctor's recommendation for medical
marijuana use.

The defendent was a client of the county's medical cannabis center.

The district attorney's office referred the case back to the police to
investigate, according to Moore.

During the investigation, the doctor's referred to by the defendant said
they had never recommended marijuana use, Moore said.

All 270 of the center's clients are going to ask the help of the American
Civil Liberties Union in filing a civil action suit against the San Jose
Police Department for violation of patient confidentiality, according to
Fadem.

Baez said in a March 27 press release that State Sen. John Vasconcellos
called Mayor Susan Hammer, the San Jose Police Department and the District
Attorney's office to protest Baez's arrest.

"Our calls to each of those three entities were to gather information about
what happened to help us formulate a response," said Vasconcellos' chief of
staff, Rand Martin.

Baez said he was concerned that documents supporting his innocence against
the current charges and possible other charges the SJPD might bring against
him won't be available for his defense.

"The main thing here is the fact that they're claiming one thing and we
believe the evidence is going to show completely the opposite," Fadem said.
"They're not saying the center isn't in compliance with 215, they're just
saying in this one particular incident they deviated."

Proposition 215 is the initiative passed by California voters in November
1996 legalizing the medical use of marijuana.

San Jose Deputy District Attorney Denise Raabe said there are no plans yet
to close the center. She said they are only prosecuting the one charge
against Baez.

"If they comply with the law of Prop. 215 and the ordinances that have been
enacted by the city of San Jose, then they are a lawful business and
there's no problem with them remaining in business," Raabe said.

On Feb. 27, California Attorney General Daniel Lungren's office issued a
press release saying none of the existing California cannabis clubs were
authorized to sell or distribute marijuana.

"We've alerted all the DA's offices that cannabis clubs are illegal," said
Matt Ross, a spokesman for Lungren's office. "We assume they will take the
proper action against them."

Ross refused to speculate what Lungren's office would do if the DA's don't
prosecute the cannabis clubs.

Raabe said there has been no contact from Lungren's office since the raid.