CHRONIC MESS

The fate of Orange County medical-marijuana activist Marvin Chavez
rests with the California Supreme Courtothe same court that
unanimously ruled on July 18 that a sick Californian carrying pot and
a prescription, doctoris note or any other form of official-seeming
medical permission cannot be charged with marijuana possession.

That would seem to boost Chavezis chances of staying out of jail. The
Orange County Patient/Doctor/Nurse Support Group founder was released
from prison in April 2000 pending an appeal of his conviction on
several counts of selling marijuana to undercover cops who posed as
sick patients. The state Supreme Court is scheduled to hear that
appeal within the next few months.

During that trial, a judge would not allow Chavez to cite Proposition
215, the statewide measure that legalized marijuana for sick patients
six years ago. And federal law still allows local police and
prosecutors to charge card-carrying medical-marijuana smokers with
possessionoor, assuming they find enough "evidence" lying around,
possession with the intent to sell.

That was not the end of Chavezis troubles. While out on appeal, Chavez
was arrested by Santa Ana police on Sept. 6, 2001. They confiscated 46
live plants and "numerous" dried ones. Even if the state Supreme Court
overturns his first conviction, Chavez still faces a trial on that
arrest.

"My honest opinion is that the district attorney is waiting to see
what happens with the appeal," said Derek Bercher, Chavezis public
defender. "If it is ultimately denied by the Supreme Court, he will go
back to prison for another few years, and they will drop this new case."