SAN FRANCISCO TRIO TO GET UTAH TRIAL ON POT CHARGES

CEDAR CITY -- Three medical marijuana advocates, including one who
wrote the successful proposition in California to legalize medical
marijuana use, will face a jury trial on charges of possessing more
than a pound of the drug police allegedly found in a Cedar City motel
room last fall.

During a preliminary hearing Wednesday, 5th District Judge Robert
Braithwaite warned the trio about trying to use California's
controversial law as a defense: "Whatever the laws are in another
state or what another state does is irrelevant here."

Dennis Peron, 55, who wrote the successful proposition in California,
pleaded innocent to charges of possessing marijuana with intent to
distribute, a third-degree felony, and possession of drug
paraphernalia, a class B misdemeanor. John Entwistle, 38, and Kasey
Conder, 19, who were with Peron on Nov. 14, also pleaded innocent to
the same charges. All three San Francisco residents remain free on
bail.

The three men had rented two rooms at a Motel 6 on their way to go
camping at Zion National Park south of Cedar City in southern Utah. A
motel clerk called police when she became suspicious of an odor
coming from the two rooms the men had rented.

Officer J.R. Robinson testified that when officers first knocked on
the door of the motel room, Officer Kandice Adams identified herself
as a member of the motel's maid service to get the occupants to open
the door.

Once in the room, Robinson testified the uniformed officers could not
see any marijuana but could smell it.

After a drug-sniffing police dog indicated the presence of the
marijuana in the room, Robinson said it provided probable cause for a
search. Police allegedly found more than a pound of marijuana and
$7,400 cash. Another bag of pot was found in one of two cars
belonging to the group.

Iron County Drug Task Force Officer David McIntyre testified the
marijuana was probably going to be sold because of the large quantity.

When asked if he knew about the medicinal use of the drug, McIntyre
said he had heard of people using marijuana for medical reasons but
that it was not legal in Utah.

"I don't think you smoke medicine," he said.

Despite being bound over for trial, Peron said he was pleased with
Wednesday's hearing because the controversial issue was raised.

Despite the judge's warning about invoking medical use of the drug in
their defense at the trial, Peron said he plans to submit his medical
records at the trial. He also said the doctor who prescribed
marijuana as a treatment for his alcoholism will testify.

Another thrust of his defense will be that police violated his Fourth
Amendment rights against unwarranted search and seizure by entering
the motel room without probable cause.

Outside the courtroom Wednesday, Peron pointed to a section of the
Utah statute he is being charged under which exempts people from
being prosecuted for possession of a controlled substance if they
have a valid prescription.

Iron County Deputy Attorney Paul Bittmenn, who is prosecuting all
three cases, said the law pertains to prescription drugs and not
marijuana.

But Peron stays undeterred. "I can say we're going to win."