Unfortunately, it also provided the opportunity for some in law enforcement to demonstrate that they did not care about either the law -- or even basic human decency toward the sick, dying and disabled. Nowhere has the cruelty been more blatant than in Orange County.

David Herrick, 48, has been held in the Orange County jail since May of last year, charged with possession of less than two ounces of marijuana, which is acknowledged to have been for the Orange County Cannabis Co-op and even marked "Not for sale. For medical purposes only." Nonetheless, the state charged him with possession with intent to sell.

The Co-op did not sell marijuana, but took donations, which the state will argue constitutes sale. Last week the Judge in the case ruled that Prop 215 allowed only cultivation and possession for personal use and does not provide for sale.

Deputy District Attorney Carl Armbrust said, "It only covers them for possession of marijuana and cultivation of marijuana. As far as sales, transportation, possession for sales ... it doesn’t cover them at all."

Herrick’s attorney will ask the judge to reconsider, but will also argue that giving marijuana for donations is not sale.

In addition to Herrick, Orange County is also prosecuting Co-op founder Marvin Chavez Sr., who is out of jail on his own recognizance. The District Attorney’s office issued a subpoena duces tecum for the seizure of all medical records, claiming that because the Co-op was not a medical facility the records can be examined. This is clearly nothing more than an attempt to intimidate potential defense witnesses, who are seriously ill or disabled.

Obviously, everyone knows that there are people who cannot grow their own marijuana, and it has to come from somewhere. Orange County officials not only refuse to accommodate this reality, they are going out of their way to persecute medical marijuana users.

Herrick has already served more time in jail than he would have served if convicted. He is certainly not dangerous, so holding him at taxpayers’ expense is not only unjust, it is a grotesque waste of money. Similarly, there is clearly no need to violate the privacy of the patients, because the prosecution does not recognize their need as mitigating an alleged sale. From the prosecution’s perspective, their need is irrelevant. They cannot have it both ways. While there has been national publicity focused on the San Francisco Club, the plight of the Orange County Co-op has been largely ignored.

Below is a message from Marvin Chavez:

The OCPDNSG is under attack from the DRUG WARRIORS

Founder Marvin Chavez Sr. is currently out on O.R. and member David Herrick has been in the O.C. jail for over 8 months.

We are in great need of moral and financial support. We are asking members, friends and supporters to contribute what they can, but more importantly we need people who can show up at court hearings, write letters to Dave in jail and write letters to our representatives in O.C., Sacramento and Washington D.C..

We need to express our displeasure at how the OCPDNSG, and other groups are being prosecuted for trying to help sick and dying individuals ease their suffering through the use of cannabis. We also need to bring to their attention the fact that instead of working to implement a plan to provide for the safe affordable distribution of cannabis as H&S code 11362.5 (voted into effect by the people of California) encourages, state and local governments are doing everything in their power to prevent it from happening.

For information and contributions contact Marvin Chavez at:

OCPDNSG (714)-205-2358

P.O. Box 6826

Santa Ana, CA 92706

Write to Dave Herrick at:

David Herrick #1750882

Central Men’s Jail F 27-62

550 N. Flower St.