Pubdate: Thu, 28 Apr 1999 Source: Auburn Journal Copyright: 1999 Auburn Journal Contact: 1030 High St., Auburn, CA 95603 Website: http://www.auburnjournal.com/ Author: Dena Erwin, Journal Staff Writer POT CULTIVATION CHARGES DROPPED Dentist And Wife Still Face Sales Accusation By Dena Erwin, Journal Staff Writer An Auburn judge dismissed marijuana cultivation charges against a Rocklin dentist and his wife Wednesday, ruling their 146-plant garden complied with a 1996 state initiative allowing use of the drug for medical purposes. Michael and Georgia Baldwin, however, still face charges of selling marijuana, and the defense began presenting its case Wednesday following the favorable ruling on cultivation. The Baldwins, arrested Sept. 23 at their Granite Bay home, each possessed physician recommendations for using marijuana to treat migraine headaches and other ailments. In making what could turn out to be a landmark ruling, Superior Court Judge James D. Garbolino said Proposition 215 makes a patient exempt from prosecution for cultivation once he obtains a physician's recommendation. "Investigators verified the existence of the (doctor's) recommendation, and admitted as much at trial," Garbolino wrote in his ruling. "Under these circumstances, it is clear that the defendants are proven to be exempt from the operation of statutes prohibiting possession and cultivation if the marijuana cultivated is for personal medical purposes." The Baldwin's jury trial began April 13 but Garbolino called for a one-week recess after the prosecution rested its case April 21, allowing him time to research the complex legal issues surrounding medical marijuana. Garbolino announced his decision to halt the cultivation trial when proceedings resumed Wednesday. Michael Baldwin said he wasn't surprised with the judge's decision. "We knew it would be dismissed or we would have won (had it gone to the jury)," he said. "We didn't break the law and the prosecution doesn't have a case." Placer County District Attorney Brad Fenocchio declined to comment after the ruling whether his office will appeal Garbolino's dismissal or how the ruling could affect upcoming cases. Fenocchio said the law forbids him from commenting on a case that's still before a jury. One of the cases that could be affected is that of Steve and Michele Kubby, who were arrested at their Olympic Valley home in January on suspicion of marijuana cultivation and sales. Steve Kubby, 52, openly espoused the use of medical marijuana during his Libertarian-party bid for the state governorship last year. The Kubbys also possess doctor recommendations for using medical marijuana. Steve Kubby said the drug has kept symptoms of his rare adrenal cancer at bay for 23 years. "This certainly paves the way for our case," he said Wednesday. News of the dismissal was also encouraging to some of the medical marijuana users who regularly attended the Baldwin proceedings. Robert Ames said he was strengthened by the news and planned to use Garbolino's ruling in his upcoming trial on similar charges. Police found 32 plants growing in his Sacramento home, he said, but claimed he has a doctor's recommendation for using marijuana for gastritis. "I'm very excited, very encouraged that the judge had the wisdom to dismiss," Ames said. "It allows me to establish that patients are in fact covered and it's for the police to prove otherwise." Defense testimony on the marijuana sales charge resumes this morning at Auburn's Historic Courthouse. - --- MAP posted-by: Richard Lake