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?"
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MAP posted-by: Jay Bergstrom