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Published 2008-05-15 16:20:00
 


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Prosecutors Seek Medical Records of Hundreds
Of Members of Orange County Cannabis Co-op


From the Sacramento Bee
http://www.sacbee.com

sacbedit@netcom.com

(Ed. note: The Bee’s coverage on the medical marijuana issue has been better than their editorial policy. It is interesting that it picked up this wire story. It is important, but so is much else that goes unreported.)

See
Sacramento Bee Editorial Calls for Ordinance Forbidding Medical Marijuana Use In Public -- In the Closet Perhaps?
and

AIDS Patient’s Worst Nightmare: Medical Records With Intimate Details Of Illness Seized And Read By Police

PROSECUTORS WANT MARIJUANA COOP PATIENT RECORDS
June 30, 1998

LONG BEACH, Calif. (AP) -- A medical marijuana co-op will resist Orange County prosecutors’ efforts to obtain health records of hundreds of people who use the drug for pain, a defense attorney said.

"It’s a fishing expedition," said Long Beach attorney Robert L. Kennedy, one of two lawyers representing the Orange County Cannabis Co-op. Its founder, Marvin Chavez, and a volunteer worker, David Herrick, have been charged with felony marijuana sales. See
Orange County Cannabis Co-op Volunteer David Herrick Guilty on Two Counts Of "Selling"
and
Thursday Morning Rally For Marvin Chavez; Plus Update on Three Orange County Cases

Kennedy said he would ask a judge to quash subpoena requests for members’ medical records at a July 10 hearing in Santa Ana. The co-op has about 200 members.

Proposition 215, a 1996 initiative, changed state law to allow patients with cancer, AIDS, glaucoma and other illnesses to possess and grow marijuana for medical use with a doctor’s recommendation. Federal authorities have resisted its implementation.

The Orange County case is one of several legal battles that have resulted.

Deputy District Attorney Carl Armbrust, head of Orange County’s Narcotics Enforcement team, said he doubted whether a physician was involved with the cannabis co-op. He called Chavez a "street peddler.

But said also said he believes that Proposition 215 is flawed.

"The law is poorly written," Armbrust said Tuesday. "But it’s still the law."

Co-op members, many of them elderly, come from all walks of life, Kennedy said. Many turned away from regular painkillers because of the side effects, he said.

Chavez says he smokes marijuana to ease the pain of a degenerative spinal condition known as ankylosing spondylitis, which flared after a 1991 automobile accident.

 
 

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