Source: Orange County Register (CA) Contact: Sat, 28 Feb 1998 Author: Stuart Pfeifer - Orange County Register PROP 215 DOESN'T PROTECT THE SALE OF POT, JUDGE RULES David Herrick's lawyer says the decision will not cripple the defense. The first Orange County test of the medical marijuana initiative may not be a test at all. Accused pot peddler David Herrick will not be able to use the controversial Prop. 215 as a defense when he stands trial March 9 in Orange County Superior Court, Judge William R. Froeberg ruled Friday. That's because the evidence shows Herrick sold Marijuana-and Prop. 215 does not protect the sale of pot, said Deputy District Attorney Carl Armbrust. "It only covers them for possession of marijuana and cultivation of marijuana," Armbrust said. "As far as sales, transportation, possession for sales ... it doesn't cover them at all." Defense attorney Sharon Petrosino said she will ask the judge to reconsider his decision after she presents evidence at the trial. The ruling does not affect a key element of the defense - that Herrick did not sell the marijuana, but only accepted voluntary donations to the Orange County Cannabis Co-op. Santa Ana police arrested Herrick, 47, in May 1997 after they found seven bags of marijuana in his motel room. The marijuana was marked "Not for sale. For medical purposes only." Witnesses will testify that they wanted the marijuana to deal with illness and thought they were protected by Prop. 215, Petrosino said. "He may have won a battle, I don't think he won the war," Petrosino said. Prop.215, approved by voters in November 1996, allows patients with a doctor's note and "caregivers" to cultivate and possess small amounts of marijuana.