POT CHARGES AGAINST COUPLE DROPPED

Advocates Claim D.A. Broke Promise Not to Prosecute Medical Marijuana
Cases

Prosecutors dismissed felony drug charges against a Sebastopol couple
Thursday, marking a victory for medical marijuana advocates who have
publicly sparred with Sonoma County's district attorney.

A handful of supporters cheered in Judge Robert Dale's courtroom when
a prosecutor announced that charges against Ivan and Cathy Dobshinsky
were being dropped.

They were charged in January 2003 with cultivating marijuana and
possessing it for sale after Sonoma County sheriff's deputies
confiscated 4 pounds of cannabis and 88 seedlings from their home.

Deputies had obtained a search warrant after Ivan Dobshinsky's
15-year-old son was caught with marijuana at school.

The Dobshinskys claimed they had approval from a physician to grow the
marijuana, a requirement under Proposition 215, the ballot measure
that legalized pot for medical purposes. But the Dobshinskys'
permission card had expired. They say they have since renewed the card.

"They're tremendously relieved," said Marie Case, Cathy Dobshinsky's
attorney.

The dismissal in the Dobshinsky case came a week after the Sonoma
Alliance for Medical Marijuana went public with allegations that
District Attorney Stephan Passalacqua is reneging on a campaign
promise not to prosecute medical marijuana cases.

Passalacqua denied the allegation, which comes from a group that
strongly supported his bid to unseat District Attorney Mike Mullins in
2002.

Passalacqua also insisted that political pressure didn't influence his
decision to drop charges against the Dobshinskys, saying the decision
was made weeks before the recent dust-up with activists.

"This was a case where there was a new physician recommendation after
we filed," he said. "We closely evaluated this case on its merits and
felt we wouldn't prevail at trial and that the spirit of Prop. 215 was
followed."

Activists argue that such cases shouldn't be filed at all and that law
enforcement is targeting medical marijuana users on technicalities,
which Passalacqua said is untrue.

"We review 23,000 cases a year. Presently we only have six pending
(medical marijuana) cases," he said. "That basically shows that we are
being fair on these types of cases given the recent
guidelines."

Activists cautiously hailed the decision to drop the charges but are
now pushing for dismissals in the remaining cases.

Passalacqua said only that he would review each case on its
merits.

Six other Sonoma County residents who claim they use or grow marijuana
for medical purposes currently face felony charges brought by the
district attorney. Some had expired physician approval cards or no
cards at all, while others allegedly exceeded the county's limit on
how much marijuana one person can grow.

"If this is a one-shot deal and he's going to be prosecuting cases he
shouldn't be prosecuting, then we have a problem," said Doc Knapp,
spokesman for the Sonoma Alliance for Medical Marijuana.