Source: Orange County Register (CA) Contact: http://www.ocregister.com/ Copyright: 1998 The Orange County Register Pubdate: 20 Nov 98 THE CHAVEZ TRIAL Given the instructions the jury received in the Marvin Chavez case-that it was not to consider Proposition 215 during its deliberations - it is not surprising that the jury returned the verdicts it did. Those instructions were unfortunate for two reasons - Mr. Chavez's personal fate, given that he now faces up to seven years in prison, and, more broadly, for the fact that they deprived the jury of the opportunity to offer some guidance to confused officials and patients as to just how the Compassionate Use Act of 1996 should be implemented. Prop. 215 included as one of its purposes encouraging the government to set up a "safe and affordable" system of distribution of marijuana to patients who, under the new law, had the right to use it so long as they had a recommendation from a licensed California physician, but might not know how to grow or obtain it. Except for a few cities, the government failed to comply with this encouragement, quite notably in Orange County. Instead of working with people like Marvin Chavez who were attempting to compensate for the government's failure, Orange County officials filed criminal charges against him and others. So a jury instructed to ignore this lamentable history found Mr. Chavez not guilty of selling marijuana on the first five counts, (involving other members of the Orange County Patient Doctor Nurse Support Group), but did find him guilty of the lesser misdemeanor count of giving away marijuana. On the first two counts involving cover investigators, they found him guilty of selling, but on the second two counts they found him not guilty. On the 10th count, of transportation (by mail to Chico), they found him guilty of a felony. The defense plans to appeal on the basis of denying the jury the opportunity to consider a Prop. 215 defense. Sentencing is scheduled for Jan. 8 in Department 16 of the West Orange County court in Westminster, with Judge Thomas J. Borris, who presided over the trial. We hope Judge Borris approaches the sentencing with compassion and common sense. We hope even more strongly that local officials will move quickly and establish guidelines and oversight procedures for marijuana to patents with a legal right to use it under Prop. 215. State and local legislative and regulatory agencies also could develop more rigorous definitions for terms such as "primary caregiver," which turned out to be a source of contention in this case as it has in other recent lawsuits. The Chavez case has demonstrated that there are at least hundreds - and probably more - of patients in Orange County whose doctors are willing to recommend that they use marijuana. It takes about six months to grow it. The law says patients have a legal right to it, but how will they get it? Unless local officials make some provisions, the only alternative will be the black market, which is too strong already and carries significant risks of many kinds, not the least of which is prosecution. How much longer will they delay? - --- Checked-by: Pat Dolan