POT CLUB STAYS OPEN DESPITE ARREST

The only medical marijuana center in Santa Clara County remained open for
business yesterday despite charges that its director sold pot without a
prescription.

Director Peter Baez, released on $5,000 bail early yesterday morning, said
he was devastated by the arrest, which he claimed was based on false
information.

``We did have a verbal recommendation from the doctor in this case, which
is legal under Proposition 215 (the voter initiative that legalized medical
marijuana in California),'' Baez said. ``We have followed the law. We are a
good family organization here.''

Baez's famous cousin, folk singer Joan Baez, released a statement of
support for him yesterday, and pledged to dedicate a song to him at her
Carnegie Hall concert tonight.

``The farcical charges against him must be dropped immediately, and
consideration given to his own life-threatening illness'' Joan Baez wrote.
``I know my cousin's work to be meticulously law abiding and desperately
needed.''

County prosecutors said yesterday that Peter Baez sold marijuana nine times
to Enrique Robles, a defendant in a recent criminal case. Robles suffers
from complications of a broken back, but prosecutors said his doctor did
not recommend marijuana use.

``We did a thorough investigation and none of the three physicians (who
treated Robles) gave a recommendation,'' said Assistant District Attorney
Karyn Sinunu. ``Robles is in no condition to be getting marijuana.''

San Jose police descended on the marijuana center Monday afternoon, after
confirming that Robles, who had initially claimed to be a medical marijuana
patient, pleaded guilty to a misdemeanor charge of possessing marijuana.

Police also took copies of personal files of all 270 of the center's
clients. ``The police copied all confidential patient files, and that's
what we're most concerned about,'' Baez said. ``Most of our patients don't
want police to know that they have AIDS or whatever.''

The center opened last year with the blessing of San Jose Mayor Susan
Hammer, the City Council, city attorney and county prosecutors, who helped
work out a tough set of local regulations.

Baez and co-founder Jesse Garcia enthusiastically worked with officials and
were lauded for their strict attention to detail. When narcotics agents
attempted to buy marijuana recently, they were found out by the center's
staff. Several other marijuana clubs, including those in San Francisco and
Santa Cruz, failed to screen out the agents and were later named in a
federal lawsuit.

Attorney B.J. Fadem yesterday called the arrest a ``travesty,'' saying that
the doctor's recommendation was confirmed by three people at the center.

Both Fadem and Baez said that some doctors will only give verbal
recommendations for medical marijuana because they fear prosecution from
federal authorities.

Fadem noted that Baez, who recently underwent surgery for colon cancer, was
denied water and prescription medicines for the 12 hours he was held at
Santa Clara County Jail.

``There was no need to arrest him. He has always cooperated with the
police,'' Fadem said. ``His health may have been permanently harmed by this
treatment.''

)1998 San Francisco Chronicle Page A16