Medicinal-Marijuana Seller Loses a Ruling

For the third time since California voters approved a measure legalizing the medicinal use of marijuana in 1996, an Orange County Superior Court judge has ruled that Proposition 215 is not a legal defense against charges of selling marijuana.

Marvin Chavez, 42, the founder of an Orange County cannabis club, faces 10 counts of marijuana sales stemming from his activities as the club’s director.

His attorneys had hoped to argue in his trial that Chavez was acting within the boundaries established by the proposition because some of the marijuana was sold to patients.

But Judge Frank F. Fasel found that the law protects the actions of patients and their caregivers--not distributors of the drug. When Chavez’s trial begins Aug. 24, the jury will not hear any arguments based on the proposition.

To be sheltered by Proposition 215, Fasel said, Chavez would have to prove that he was the patient’s designated caregiver and performed specific duties.

Fasel said the law is poorly written because it does not specifically address the legal status of marijuana distributors.

“Establishing a method of distribution has to be a legislative function,” Fasel said. ‘Asking the court to endorse a distribution center simply is not feasible.”

Deputy Dist. Atty. Carl Armbrust said Chavez’s argument was irrelevant because some of the charges against him stem from marijuana he gave to undercover police officers.

Supporters of Chavez expressed disappointment at the decision.

“I have lost six members of my family to cancer, and I have a daughter who survived,” said Julie Ireland, a former Los Angeles police officer and member of the club. “And if it weren’t for the cannabis, she’d never have been able to keep anything down.”