Pubdate: Wed, 31 Oct 2001
Source: Tahoe Daily Tribune (CA)
Copyright: 2001 Tahoe-Carson Area Newspapers
Contact:  http://www.mapinc.org/media/443
Website: http://www.tahoe.com/tribune/
Author: Gregory Crofton 
Related: http://www.mapinc.org/drugnews/v01/n647/a03.html
Bookmark: http://www.mapinc.org/find?115 (Cannabis - California)
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)
Note: At http://mapinc.org/find put Macosko in the "Body" for related
stories.

SOME CHARGES DROPPED AGAINST MACOSKO

The district attorney's office will not pursue the charge of possession of
marijuana for sale against Matthew Macosko in a case that dates back to
April.

The 29-year-old from South Lake Tahoe was in El Dorado County Superior Court
on Friday, represented by a private attorney from San Francisco named J.
David Nick. Nick is well known for his defense of cases related to medicinal
marijuana.

Macosko is still charged with two counts of transporting marijuana and
driving under the influence of the drug. If convicted he could be sentenced
to five years in prison.

Narcotics agents and police stopped Macosko April 11 after he picked up a
quarter-pound of pot from a post office at Al Tahoe Boulevard. Macosko, who
says he is a medicinal marijuana provider, had more than $10,000 in cash on
him when he was arrested. He said the money consists of donations from his
sick clients who he helps set up systems to grow their own marijuana.

Law enforcement agents believe Macosko is a drug dealer abusing the
Compassionate Use Act. In 1996, the year the act became law, Macosko was
convicted of selling marijuana and spent seven months in jail.

The parcel he picked up was returned from Kentucky where he had tried to
send marijuana to a friend on tour with the rock band Godsmack. Macosko said
his friend has a recommendation from a California doctor to treat chronic
pain with marijuana.

Macosko was arrested again Oct. 2 by narcotics agents. The warrant charged
him with providing marijuana to minors, ages 12 and 15. Prosecutors say
Macosko tempted a 12-year-old girl with the drug, then used her to deliver
some pot to a 15-year-old boy. Prosecutors say the transaction took place
last spring at Sky Lake Lodge, a motel at 2644 U.S. Highway 50.

In that case, besides being charged with two felonies for supplying minors
with marijuana, Macosko was booked for transporting the drug and resisting
arrest. Arresting officers found a scale, a quarter-pound of marijuana and
$1,800 in cash in his possession. Officers said Macosko refused to comply
with their orders during his arrest.

If convicted on those charges, he could be sentenced to 11 years and four
months in prison. His prison exposure on both cases is less than 14 years.

Macosko is next due in court Nov. 30 when a pretrial hearing is expected for
his October case. It is set to go to trail Dec. 11. A trial date for his
April arrest is also expected to be set that day.
- ---
MAP posted-by: Doc-Hawk