Pubdate: Sat, 11 Dec 1999
Source: Orange County Register (CA)
Copyright: 1999 The Orange County Register
Contact:  P.O. Box 11626, Santa Ana, CA 92711
Fax: (714) 565-3657
Author: John McDonald and Teri Sforza, The Orange County Register 
Bookmark: Link to Medicinal Cannabis articles:


COURTS: Prosecutors Drop Charges In Pair Of Cases Stemming From Medical-
Marijuana Initiative. 

Criminal charges against two key figures in Orange County's Cannabis Co-Op
are being dropped by prosecutors, it was disclosed Friday, but a third
defendant continues to serve a prison sentence. 

Marijuana-sale charges against co-op co-founder Jack Schachter were
dismissed in the interest of justice, said Deputy District Attorney Jim
Tanizaki. "We verified that he is terminally ill and is not expected to
live much longer," he said.

A decision also has been made not to seek a new trial in the case of co-op
volunteer David Herrick, said Tori Richards, a spokeswoman for the district
attorney. Herrick was convicted of marijuana sale and sentenced to four
years in prison, but his conviction was overturned for prosecutorial

Marvin Chavez, a co-op co-founder, is serving a six-year prison term for
sale and transportation of marijuana. His conviction is being appealed.

All three cases stem from the co-op's attempts to provide medical marijuana
under the Proposition 215 initiative. The law does not allow the sale of

Defense lawyer James M. Silva said he told Schacter, who is in Florida and
suffering from lung cancer, about the decision. "He was very relieved,"
Silva said. 

"I can't believe they did that," said Anna Boyce, a retired nurse from
Mission Viejo who was a driving force behind the medical-marijuana law.
"It's wonderful. But I don't think they should have ever prosecuted
(Schacter) from the beginning. He was merely a caregiver."
- ---
MAP posted-by: Richard Lake