SAN JOSE POT CENTER'S MEDICAL CHIEF QUITS

Retired Podiatrist's Role About To Be Probed, State Says

Maria Alicia Gaura, Chronicle South Bay Bureau

A retired podiatrist who served as medical director for a San Jose medical
marijuana center has resigned from the controversial position, saying he
had completed the job he set out to do and wanted to spend more time with
his family.

The resignation came as the Medical Board of California was set to launch
an investigation into Dr. Dennis Augustine's role with the Santa Clara
County Medical Cannabis Center, state officials said yesterday.

The board threatened to rescind Augustine's podiatric license in August,
saying the title ``medical director'' implied that Augustine was a
practicing physician. Podiatrists are limited to treating feet and ankles,
and Augustine's podiatric license has been on ``disability status'' since
1990, making him unable to practice at all.

But Augustine said yesterday that the board's actions were a meaningless
political attack aimed at his marijuana activism.

``The Medical Board should not be taking credit for any of this,''
Augustine said. ``I want to take a breather from this job, but the issue
(of medical marijuana) is still very important to me.''

Jim Rathlesberger, executive officer of the state Board of Podiatric
Medicine, said his investigators were poised to begin interviewing
Augustine and others involved with the San Jose cannabis center, and had
issued an ultimatum for Augustine to respond to requests for information.

``I don't know to what extent this has been a factor in inducing him to
resign,'' Rathlesberger said. ``But it's good to know we don't have a
problem anymore. We can call off our gumshoes now.''

Augustine served as medical director to the cannabis center for about eight
months. He said the medical board had no right to tell him what title he
could use, as long as he wasn't treating or consulting with patients.

Attorney Steven Ames Brown said Augustine never caved in to pressure from
the medical board.

``The board didn't scare him into anything,'' Brown said. ``They told him
to resign (in August), and he told them to go stick it in the wall.''

Jesse Garcia, cofounder of the San Jose cannabis center, said Augustine's
move had come as a surprise. He said the center would like to find a
replacement medical director.

``We didn't expect it, but I'm not surprised,'' Garcia said. ``I know he
was burning out; volunteering takes a lot out of you.''