Pubdate: Fri, 25 Apr 2003 Source: Associated Press (Wire) Copyright: 2003 Associated Press Details: http://www.mapinc.org/media/27 Author: Associated Press Bookmark: http://www.mapinc.org/people/Dennis+Peron Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal) Bookmark: http://www.mapinc.org/find?115 (Cannabis - California) UTAH JUDGE THROWS OUT EVIDENCE AGAINST SF MEDICAL MARIJUANA ADVOCATE CEDAR CITY, Utah -Marijuana seized during the arrest of medical-marijuana advocate Dennis Peron and two other San Francisco men has been ruled inadmissible, setting the stage for possible dismissal of the case. Fifth District Judge J. Philip Eves ruled Monday that because police entered the motel room of Peron, 56, John Entwistle, 38, and Kasey Conder, 20, on Nov. 14, 2001, without a search warrant, none of the evidence seized could be used during trial. Peron helped draft California's medical marijuana law and was founder of San Francisco's Cannabis Cultivation Club Police were called to his hotel room after a maid said she smelled marijuana smoke coming from the room. More than a pound of marijuana and approximately $4,500 in cash was seized. The three men argued initially that their possession of the marijuana was legal because all three have prescriptions, issued by a California doctor, to use the drug to treat alcoholism and depression. Iron County Attorney Scott Garrett now has only two options: He can appeal the ruling or ask Eves to dismiss the case. "What I'll do is talk to the state attorney general's office to see if there are any appealable issues here," Garrett said. "If there are, we'll support the appeal process. If they decide they don't want to pursue an appeal, we'll dismiss the case. "We're disappointed (with the ruling), but we respect Judge Eves' decision and understand why he ruled the way he did. The Fourth Amendment is there to protect all of us," he said. Peron, Entwistle and Conder had sought dismissal of the charges, arguing their prescriptions for the drug should be recognized in Utah. Eves denied that motion, stating that Utah does not recognize the medicinal use of marijuana. The three men have been active in Utah, holding rallies to petition for legalizing medicinal marijuana. - --- MAP posted-by: Doc-Hawk