©1997 San Francisco Examiner
Medical marijuana case dismissed

BAY DATELINES
Compiled from Examiner staff and wire reports

Santa Rosa A Sonoma County prosecutor dismissed charges
Wednesday against two defendants in what had been billed as
the state's first medical marijuana defense case following
the approval of Proposition 215 last November.

The original case was against Jason Miller, 25, and Alan
Martinez, 41, both of Santa Rosa. Martinez died in a solo
car accident on July 3.

Miller and Martinez had been arrested last year for
allegedly growing several pot plants. Martinez, an
epileptic, claimed he smoked marijuana to treat his
symptoms. Miller claimed to be his caregiver and said he was
protected under Prop. 215, the medical marijuana initiative
approved by voters in November.

Deputy District Attorney Kathy DeLoe told Sonoma County
Superior Court Judge John Gallagher Wednesday that she would
dismiss the case against Miller because of insufficient
evidence.

"With Mr. Martinez gone, it really weakened our case," DeLoe
said later. "Taking everything into consideration, a jury
would have had a hard time convicting Mr. Miller."

Miller said, "I'm glad it's over, glad to get back to my
regular life now."