Man Sought in Pot Prescription Forgery San Jose case may be first of its kind

Maria Alicia Gaura, Chronicle South Bay Bureau

A man who allegedly forged a doctor's prescription for medical marijuana is
being sought on a $25,000 warrant in what San Jose officials believe may be
the first case of its kind.

Andrew Junior Poltorak, 44, entered the Santa Clara County Medical Cannabis
Club on March 16 with a doctor's prescription directing him to use pot ``as
needed'' for glaucoma, said San Jose police Sergeant Scott Savage.

A doctor cannot legally write a prescription for marijuana. Two days
afterward, while club operators were trying to contact Poltorak's doctor,
the Mountain View man returned to the club, admitted the prescription was
forged and then vanished, Savage said.

Club operator Peter Baez told police, and a warrant for Poltorak's arrest
was issued yesterday afternoon. Investigation showed that Poltorak does not
suffer from glaucoma, Savage said.

``This guy (Poltorak) has got to be the last person in California to know
that a doctor can't give you an actual prescription for marijuana,'' said
Deputy District Attorney Karyn Sinunu. California doctors may only
``recommend'' marijuana to patients because it is considered a dangerous
narcotic under federal law.

Baez described Poltorak as a ``straightlooking, conservative nerd'' who
gave conflicting information and acted jumpy and nervous. Baez accepted the
man's information but couldn't immediately verify the prescription with the
office of Palo Alto doctor Michael Gaynon, whose name was printed on the
prescription form.

``At first we thought (Poltorak) was a federal drug enforcement agent or
something,'' Baez said. ``When he came back and confessed two days later,
it all made sense.''

Poltorak allegedly told Baez that a friend had stolen a doctor's
prescription pad and given him a form to forge. Forging a prescription is a
felony carrying a possible penalty of three years in state prison, Sinunu
said. Buying less than an ounce of marijuana on the street is a
misdemeanor, punishable by a $100 ticket.

``This whole thing really has come full circle now, hasn't it, when people
are forging prescriptions for pot,'' said Dennis Peron, founder of the San
Francisco Cannabis Cultivators Club. ``I think anyone who would go to such
great lengths to get it probably needs it, though maybe not for glaucoma.''

Baez, who is attempting to comply with San Jose's firstinthenation law
regulating medical marijuana clubs like other mainstream businesses, said
he had no choice but to report Poltorak to police.

``We have agreed to report all illegal activity in and around our clubs,''
Baez said. ``We have made a commitment to working with the police, and I
was very angry and disappointed that this person would jeopardize my
volunteers and patients.''

Sinunu said she would aggressively prosecute Poltorak, who is still at
large, and praised the Santa Clara County Medical Cannabis Club for making
good on their promise to run a legal operation. A competing group, the San
Jose Cannabis Club, has refused to abide by city rules, and is fighting the
city's attempts to shut it down.

``Mr. Baez really is trying to run an upstanding business,'' Sinunu said.
``They are going to be the Eagle Scouts of the medical marijuana
dispensaries.''

© The Chronicle Publishing Company