Pubdate: Wed, 22 Oct 2003 Source: Sacramento Bee (CA) Copyright: 2003 The Sacramento Bee Contact: http://www.sacbee.com/ Details: http://www.mapinc.org/media/376 Author: Mareva Brown, Bee Staff Writer Bookmark: http://www.mapinc.org/find?115 (Cannabis - California) MAN WHO RAN POT CO-OP GETS 3-YEAR DRUG SENTENCE His Lawyer Says An Appeal Will Invoke Proposition 215. A former correctional officer who opened a medicinal marijuana co-op in his home was sentenced to three years in state prison Tuesday for drug sales. A surprised Michael Urziceanu was taken into custody immediately by Sacramento County sheriff's deputies, despite pleas from his attorney to delay the imposition of his sentence while the case is being appealed. Attorney Victor S. Haltom said he will be filing an appeal today on various issues, including the fact that the jury was not instructed to consider the state's Compassionate Use Act when deliberating whether Urziceanu illegally sold the drug. The Compassionate Use Act -- Proposition 215 -- was passed by California voters seven years ago and intended to allow patients who suffer from chronic pain or other medical ailments to use marijuana to ease their discomfort. "I don't see how society is protected by incarcerating Mr. Urziceanu in state prison," Haltom told Judge Trena Burger-Plavan. "He got into what he was doing in order to help people and address his own medical issues. I think he has already been severely punished -- he's been arrested multiple times, spent six months in jail and had his finances devastated." Prosecutor Caroline Park, who has argued that the business was a front for drug dealing, said Urziceanu had ample notice that what he was doing was considered illegal because he had been arrested several times but continued to provide cannabis to patients. "He was aware that he was over the line, or on the line," she said. "At the time (of his arrest), Mr. Urziceanu was on probation. He knew what he was doing, but he went that distance." Sentencing for Urziceanu's co-defendant and business partner, Susan B. Rodger, was delayed indefinitely after Burger-Plavan announced she had removed Rodger's attorney from the case and appointed a new lawyer. The new attorney, Ken Rosenfeld, said he needed to order trial transcripts and review the entire case to see if a new trial is warranted before he can be prepared to represent Rodger. Burger-Plavan would not say why she removed Rodger's prior attorney from the case after a private meeting in her chambers with Rodger on Oct. 3, other than to say it involved a "private matter" and concerned their relationship. Rodger and Urziceanu were arrested two years ago after undercover narcotics officers infiltrated their cannabis club, the FloraCare network, in Citrus Heights and purchased marijuana. They were acquitted of other charges against them, including a felony charge of marijuana cultivation. Jurors deadlocked on three other charges after a trial that lasted more than two months. After the hearing, Rodger accused the prosecutor and police of being unfriendly to her business, noting that in other, more liberal counties, similar businesses are allowed to operate under the guidelines of Proposition 215. "It was voted in by the people," she said. "Why, here in the state capital, are we not getting support?" - --- MAP posted-by: Jay Bergstrom