After hearing testimony from a terminal cancer patient (who died before he could testify before the jury) on how Dave Herrick helped him acquire the Cannabis that helped relieve the symptoms chemotherapy, and then denying a medical necessity defense because it’s benefits to dying patients was "purely speculation," Judge William Froeberg sentenced Herrick to 4 years in prison.

Ignoring the probation department’s recommendation to release Herrick with "time served or 3 years probation, Judge Froeberg, a former prosecutor stated that Herrick was "just a drug dealer on the street."

He said this even though each member subpoenaed had a doctor’s letter of recommendation and testified that they received their cannabis for a donation when they could afford it, and for free when they could not.

Herrick has spent over a year in jail and has 650 days served/work/good time.

He will do about 18 months more on these charges and has filed for an appeal, which will take about 2 years.

He now goes to San Bernardino to face probation violation charges. Normally after spending 6 months in jail a judge will dismiss with time served, but the S.B. judge order a no-release bond ensuring that he could not be bailed out. The S.B. county sheriff has stated that "we do not recognize HS code #11362.5 in San Bernardino".

Its possible, like O.C., S.B. wants to make an example for anyone else who wishes to try to help sick and dying people by providing low-to-no-cost cannabis.

Herrick was a S.B. sheriff for over 12 years and was run over while on duty and suffers from herneated discs in his back. He had seen the benefits of cannabis first hand and wanted to help others relieve their suffering and was assisting Marvin Chavez, founder of the O.C. Patient/Doctor/Nurse Support Group as a volunteer.

While in jail Herrick has been denied any medication aside form 4 regular Tylenol a week.

NO COMPASSION IN O.C.

While some counties in California are allowing Cannabis Care Centers to operate and some are forcing theirs to close, in Orange County they are arresting and prosecuting the individuals who dare to provide cannabis to those in need.

Shortly after prop. 215 the Compassionate Use Act was passed, a close friend told me he had terminal cancer and was given 6 months to live. He soon began painful hemotherapy treatments and was sitting at home getting thinner and thinner.

After hearing about the Orange County Patient/Doctor/Nurse Support Group and Cannabis Co-op, I brought him to the regular weekly meetings.

After he received his letter of recommendation from his doctor at Harbor UCLA, he became a member. Besides receiving the low-cost cannabis that helped relieve the symptoms of chemo (instead of sitting at home waiting to die) he got out of his room, while he could and met and talked with other patients and activists. He was proud that he was part of a movement to end ignorance and help people who are suffering needlessly.