LAGUNA MAN PLEADS INNOCENT TO MARIJUANA CHARGES

Ross Embry Sees Himself As The Champion Of Allowing Marijuana Use For
Medicinal Purposes.

When Ross Embry, 53, pleaded innocent to two felony counts of cultivation
and possession for sale of marijuana, he also declared a fight for the
medicinal use of marijuana.

"I've been HIV positive since 1980," he said. "Through thick and thin I've
fought the fight. I'm a fighter and a survivor."

Seven years ago Embry's life hung in the balance when his weight dropped
and his T-cell count stood at 18, indicating that he had a nearly
non-existent immune system. As his energy dwindled, Embry promised that if
he returned to health, he would use that second chance to give back.

Embry feels that the chance to fulfill the promise he made arrived at 7:50
p.m., Sept. 17 when Laguna Beach police officers knocked on his apartment
in Hagan Place, a low-income residence for individuals living with HIV and
AIDS.

Narcotics officers had just received an anonymous tip that someone was
growing a lot of pot that could be easily seen by anyone, Sgt. Jason
Kravetz said.

When Embry opened his door that evening, he remembered the hairs on the
back of his neck standing on end. For 15 seconds he froze, but then
realized this was the chance he had been waiting for.

"At first I was like, what is this," he said. "Then I realized this is
spirit using me to fight the fight."

Police discovered 12 marijuana plants Embry had growing on his patio that
faced the inner courtyard of the building as well as an estimated 4 to 6
pounds of dried herb.

"He was very open with the officers and admitted to growing it and giving
it to his friends," Kravetz said. "He was very cooperative going through
the entire contact."

Embry said he shared marijuana with 15 people suffering through the same
kind of pain and nausea he endures. He claims marijuana is the only remedy
to the side effects caused by HIV and AIDS medications.

"Pharmaceuticals don't do the job that marijuana does," he said. "That's
why I grew it."

After his arraignment on Wednesday, Embry will return for a preliminary
hearing on Oct. 30. But he realizes that he may stand to walk a long legal
path.

In 1996, California voters passed Proposition 215, which makes provisions
for seriously ill patients to have the right to obtain and use marijuana
for medical purposes upon a recommendation from their physician. The law,
as it falls under the California Health and Safety Code 11362, specifies
that patients who have a written or oral recommendation or approval from a
physician to use marijuana are protected from laws against the possession
and cultivation of marijuana.

However, when police searched Embry's apartment they said they did not find
sufficient evidence that he had a doctor's recommendation or approval to
use marijuana.

Embry said that he hopes his case will illustrate what he calls "draconian,
flawed laws" and point out that the state legislature has not met the will
of the people and that it has been remiss in implementing a plan that will
enable safe and affordable distribution to all patients in medical need.

"We need to be vigilant right here in our town to guarantee our freedom and
way of life," he said. "I feel as if I'm a vehicle for change."