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Published 2008-05-15 16:20:00
 


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Judge Approves Giving Orange County Patient Records To Prosecutor;
Disallows Prop. 215 Defense

See
The Judicial Lynching Of Marvin Chavez Continues –Two Reports
and links
July 25, 1998
From the Orange County Register
letters@link.freedom.com
http://www.ocregister.com/

By Jeff Collins-OCR

PROP. 215 DISALLOWED IN POT TRIAL

Courts: A judge says prosecutors can subpoena Cannabis Co-Op patients’ medical records.

A Santa Ana judge ruled Friday that Orange County Cannabis Co-Op founder Marvin Chavez cannot use Prop. 215 as a defense in his upcoming pot-peddling trial, Chavez’s defense attorney said.

And Superior Court Judge Robert Fitzergald also upheld a prosecutor’s request for proof that people who obtained pot for alleged ailments were actually ill, defense attorney Jon Alexander said.

The "medical marijuana" initiative allows people to use and grow marijuana for medical purposes if they get their doctor’s approval. The prosecution contends that Proposition 215 did not allow anyone to sell marijuana.

Deputy District Attorney Carl Armbrust subpoenaed the medical records of about 50 of Chavez’s co-op clients.

The prosecution wants to examine client medical records to find out how many had a doctor’s authorization, said Alexander, who argued unsuccessfully that the subpoenas violated the patient-doctor privilege.

Fitzgerald also granted Armbrust’s motion to block a Prop.215 defense at Chavez’s trial, scheduled to begin Aug.3. Alexander said. Chavez, 41 contended that he gave marijuana to patients who made voluntary "donations." Alexander said he plans to appeal both rulings.

 
 

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