MEDICAL MARIJUANA PATIENT STILL IN CUSTODY

SAN BERNARDINO - A San Bernardino medical marijuana patient is
languishing in county jail as prosecutors pursue charges against him
for possessing and cultivating the controversial drug.

Supporters of 51-year-old Don Lawrence say he was a patient at the
THCF Medical Clinic in Riverside when police arrested him in October
at his home. He had 12 marijuana plants, an amount police said
exceeded state guidelines.

Lawrence and his two adult sons were jailed, and they all were
released upon posting bail. But Lawrence was taken into custody
again Jan. 12 and his bail was increased to $500,000. Prosecutors
alleged he had two prior offenses dating back to 1994 and 1987 -
the latter occurring more than 22 years ago.

"Twelve lousy plants. What the heck is going on here?" activist
Lanny Swerdlow asked during an interview.

Swerdlow is director of the Marijuana Anti-Prohibition Project, an
Inland Empire-based medical marijuana patient support group and law
reform organization.

Lawrence's family members say he suffers from nerve damage in his
back and nephrosis of the kidneys, also called kidney disease.
Swerdlow called it "a travesty" that Lawrence remains in custody
while the case proceeds.

Lawrence has a bail hearing scheduled April 9 in San Bernardino
Superior Court. The defendant is currently represented by
conflict-panel lawyer James Gass, but new representation is being
sought in San Francisco-based lawyer Zenia Gilg.

"My intention is to make a motion to substitute in, hopefully next
week," Gilg said Thursday. She declined to speak specifically about
the case because she is not the attorney of record.

Gass could not be reached for comment Thursday.

Gilg has represented clients in other medical marijuana cases in San
Bernardino County. Most recently, she represented 66-year-old
Richard McCabe, who was arrested with his wife, JoAnn Cates, in
August 2007 after deputies found a greenhouse containing
120 marijuana plants in various stages of growth on the couple's
property in Johnson Valley.

Prosecutors dropped the marijuana-related charges against McCabe and
Cates just prior to a preliminary hearing in March 2009 in Joshua
Tree Superior Court.

Elijah Lawrence, the son of Don Lawrence, said his father used to be
transported by ambulance to get shots at a local hospital. Since he
started using medical marijuana, Lawrence was able to stop getting the shots.

"He does a lot more smiling than he normally does," Elijah Lawrence
said. "He seems like he's a happier person. Otherwise, the pain has
him grouchy."

A doctor at the THCF Medical Clinic gave the elder Lawrence a
recommendation to grow as much marijuana as he medically needed,
beyond the state guidelines of six mature or 12 immature plants and
8 ounces of processed marijuana.

"But he still didn't do it, because he was worried about the
police," the defendant's son said. "He never went over the limit at all."

Police allege Lawrence had 12 plants and two pounds of marijuana
which Swerdlow, who has been following the case, says was allowable
under the doctor's recommendation to exceed the limit. Lawrence did
not have a state-issued ID card from the San Bernardino County
Department of Public Health.

In San Bernardino County, ID cards became available in August
through the county Public Health Department, confirmed county
spokeswoman Lynne Fischer. Patients can call 800-782-4264 to set an
appointment to fill out the application, which is submitted to the
state, she said.

The temporary moratorium on medical marijuana dispensaries in the
county is still in place through June. County staff have been
working to develop appropriate guidelines, Fischer said.

Prosecutors say the issue of medical marijuana has not yet been
argued in court in Lawrence's case, and it was not established as a
defense at the Jan. 12 preliminary hearing.

"The way it's charged, it's possession for sale of marijuana," said
Deputy District Attorney Rosa Clark. "We are prosecuting it as a sales case."

Lawrence has been charged with cultivation and possession of
marijuana for sale and maintaining a place for sale of a controlled substance.

"It's our burden to prove these charges beyond a reasonable doubt,"
Clark said. An offer of a plea bargain was presented to Lawrence at
his last hearing, and he has rejected all offers, she said.

Lawrence's family say police told them that they spotted the plants
when they looked over a neighbor's gate into a rear yard of their residence.

The defendant was also growing outdoors for two other patients at
the time and harvests his crop only once a year.

Lawrence's two sons, Elijah Lawrence, 18, and Sequwan Lawrence, 21,
were also arrested at the same time as the defendant, because they
were home at the time. The sons remain out of custody on bail and
have a trial date set for April 12, according to court records.

Initially, prosecutors did not allege prior offenses in the criminal
complaint against Lawrence, Clark said. But they were later alleged,
after the preliminary hearing, and Lawrence was taken into custody.

Lawrence was convicted of assault with a deadly weapon, a firearm,
in April 1994 in San Bernardino County and robbery in October 1987
in Los Angeles County, according to the complaint.

If the bail hearing does occur at the defendant's next appearance,
prosecutors plan to argue against his release or a bail reduction.