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April 11, 1998

By Bill Rams

CANNABIS CLUB LEADER, PARTNER ARE ARRESTED

Police say they sold marijuana in violation of a judge’s order. They call the payments ‘donations’ for medical assistance.

GARDEN GROVE-

The leaders of a group of ailing adults who distributes medical marijuana to more than a hundred Orange County clients has been arrested a second time in three months on drug charges, police said Friday.

By selling the drug, Orange County Cannabis Co-Op director Marvin Chavez 41, violated a judge’s January order not to sell marijuana, said Deputy District Attorney Carl Armbrust. In January, Chavez was released from jail on condition that he not distribute it again, Armbrust said.

During the past month, police say, he and a partner sold marijuana to an undercover officer twice.

But his partner denied selling the drug in a jailhouse interview Friday. He said he and Chavez gave it away - then asked for a $20 donation.

The distinction is important because selling it is a felony; giving it away is a misdemeanor and carries a maximum penalty of a year in jail. Proposition 215, which passed, allows people to use and grow marijuana for medical purposes. But an appellate court ruled in January that distribution of the drug is illegal.

If convicted of the felony charges, Chavez could face up to eight years in prison, Armbrust said.

The maximum penalty for felony possession of marijuana, possession for the purpose of sale and conspiracy is four years. But because he allegedly violated the judge’s order twice, he could face an extra four years in prison - two years per additional sale, he said.

Chavez and Jack Shachter, 41, were arrested Thursday night at their homes in Santa Ana and Garden Grove, respectively, police said.

Police seized several marijuana plants at both houses and took firearms from Shachter’s home.

"I’m not surprised," said Robert Kennedy, Chavez’s attorney, regarding the arrest. "He’s a true believer. He’s almost like a religious zealot."

Kennedy said Chavez has pushed the limit of a new law.

"The mandate of the people is that they want it to be available to those who want and need it," he said.

But the problem is that people such as Chavez are not allowed to distribute or sell the drug, according to law enforcement officials.

He said the club has 187 clients in Orange County, including some who are unable to grow the plants or otherwise obtain the drug because their ailments are so debilitating.

"I’m helping people cope with pain, and it makes a world of difference," Shachter said. "No, I’m not going to stop. It’s much safer and cheaper for these people - who have doctors’ orders - to get it from me then from somebody on the streets."

The undercover officer got a card saying he was the caretaker of one of their legitimate patients, he said.

Shachter said he wrote the police officer receipts twice, in both cases noting in writing that the marijuana was free. He said the guns found inside his home weren’t loaded - except for a handgun stored in a locked safe.

The officer offered a $20 donation after each transaction, he said.