MEDICINAL MARIJUANA USE CASE IN COURT

PERRIS -- A Temecula couple facing felony charges of possessing marijuana
for sales say they grew and used the drug strictly for medicinal purposes --
as allowed by state law.

Martin and LaVonne Victor were arrested in October after Riverside County
sheriff's deputies raided their home and seized the marijuana. Both are
facing charges of possession of marijuana for sales and cultivation of
marijuana.

The couple was in court Wednesday for the second day of a hearing, after
which a judge will decide whether they should stand trial. Judge James
Warren will ultimately make that decision, one that will be delayed more
than a month because the preliminary hearing will not resume in his Perris
courtroom until Sept. 27.

The Victors' West Hollywood-based attorney, Eric Shevin, said after court
Wednesday that he expects others who use marijuana medicinally will see the
outcome of this case as a "guideline for how they are expected to act under
the law."

The Victors are among those who have received written authorization from
doctors to use marijuana under Proposition 215, a 1996 California initiative
that legalized the use of medicinal marijuana.

Each county in the state sets its own standard on how much people are
allowed to grow under Prop. 215. Riverside County allows the amount
possessed to not exceed that necessary for medicinal purposes.

While Shevin is arguing before the court that his clients were doing just
that, prosecutor Cynthia Brewer said the Victors easily exceeded what they
should have possessed.

Shevin said authorities seized about six or seven pounds of marijuana, which
was being stored in sealed mason jars. The remainder of the seizure
consisted primarily of leaves, stems and plants with soil still attached, he
said.

Brewer, however, counters that there were 15.7 pounds in the mason jars,
another 6.2 pounds in trash bags and eight plants being cultivated on the
couple's property. Of those eight plants, five had buds that could have been
harvested to bring in another half pound of marijuana apiece, she said.

"That 25 pounds far exceeds personal use," Brewer said outside the
courtroom. "They had enough for about eight years for the amount they claim
to have been using (medicinally)."

The Santa Barbara doctor who wrote the letters authorizing the Victors to
use marijuana medicinally concluded his testimony Wednesday.

Dr. David Bearman was the first witness called Monday by Shevin, who is
expected to call the Victors to the stand when the hearing resumes next
month.

Bearman testified Wednesday that he approved the legal use of marijuana to
Martin Victor, 50, who was diagnosed with optical edema. LaVonne Victor, 45,
received letters authorizing legal marijuana use after being diagnosed with
multiple sclerosis and panic attacks, Bearman said.

Brewer questioned the doctor Wednesday about the medical conditions of both
defendants, who Bearman said received their letters allowing legal marijuana
use in the summer of 2001.

When questioned by Shevin, Bearman said that when supported by the evidence
of their medical records, it would not be possible for Martin Victor to fake
optical edema or for LaVonne Victor to fake multiple sclerosis.

He also testified that he witnessed LaVonne Victor suffer from panic attacks
in court on two occasions -- on Monday and on Aug. 9. He testified that he
has "no reservations whatsoever" that they were actual attacks.

When questioned by Brewer, Bearman said he has written about 500 to 600
marijuana approval letters over the last two years. He said he treats some
patients with medications and others with the marijuana-use letters, but
admitted about 80 percent to 85 percent of his patients receive letters.

Outside the courtroom Wednesday, both Brewer and Shevin downplayed the
possibility that this case would set any precedent in the legal community
over the medical use of marijuana.

Brewer said "this is just one of the many cases I'm assigned to prosecute,"
adding that the Victors are not receiving any special treatment or any
"hard-line prosecution" because they were authorized to use marijuana
medicinally.

Shevin said this case is more important to the Victors than to any
interpretation of the law under Prop. 215.

"Any time innocent people are facing criminal prosecution and incarceration
without having violated any law creates an important case," Shevin said.