PROP 215 DOESN'T PROTECT THE SALE OF POT, JUDGE RULES

David Herrick's lawyer says the decision will not cripple the defense.

The first Orange County test of the medical marijuana initiative may not be
a test at all.

Accused pot peddler David Herrick will not be able to use the controversial
Prop. 215 as a defense when he stands trial March 9 in Orange County
Superior Court, Judge William R. Froeberg ruled Friday.

That's because the evidence shows Herrick sold Marijuana-and Prop. 215 does
not protect the sale of pot, said Deputy District Attorney Carl Armbrust.

"It only covers them for possession of marijuana and cultivation of
marijuana," Armbrust said. "As far as sales, transportation, possession for
sales ... it doesn't cover them at all."

Defense attorney Sharon Petrosino said she will ask the judge to reconsider
his decision after she presents evidence at the trial. The ruling does not
affect a key element of the defense - that Herrick did not sell the
marijuana, but only accepted voluntary donations to the Orange County
Cannabis Co-op.

Santa Ana police arrested Herrick, 47, in May 1997 after they found seven
bags of marijuana in his motel room. The marijuana was marked "Not for
sale. For medical purposes only."

Witnesses will testify that they wanted the marijuana to deal with illness
and thought they were protected by Prop. 215, Petrosino said.

"He may have won a battle, I don't think he won the war," Petrosino said.

Prop.215, approved by voters in November 1996, allows patients with a
doctor's note and "caregivers" to cultivate and possess small amounts of
marijuana.