Source: Orange County Register (CA) Contact: http://www.ocregister.com/ Pubdate: Sat, 15 Aug 1998 Author: Stuart Pfeifer CANNABIS CO-OP FOUNDER TOLD PROP. 215 NO DEFENSE The founder of the Orange County Cannabis Co-op won't be able to use California's medical marijuana law as a defense to charges that he illegally sold marijuana, a judge ruled Friday. The decision by Orange County superior Court Judge Frank F. Fasel is devastating to the defence for Marvin Chavez, who contends he provided marijuana only to ill people with doctors' permission to use the drug. "The sole motivation for Marvin Chavez...was his belief that he was acting according to Proposition 215," defense attorney Jon Alexander said after the judge announced his decision in a Santa Ana courtroom. Deputy District Attorney Carl Armbrust sought the restriction because Prop. 215 allows sick people with medical authorization to use marijuana but does not permit sale of the drug. Last month,co-op volunteer David Herrick was sentenced to four years in state prison for selling marijuana. The judge in that case had also barred use of Prop. 215 as a defence, prompting jurors to submit a note asking if they could consider "the will of the people" in their deliberations. Chavez,charged with ten felony counts of marijuana sales and transportation, faces a maximum sentence of eight years in prison. A different judge, Robert R. Fitzgerald, had offered to sentence Chavez to time he's already served in jail if he pleaded guilty.The Santa Ana resident rejected that offer. - --- Checked-by: (Joel W. Johnson)