UTAH JUDGE THROWS OUT EVIDENCE AGAINST SF MEDICAL MARIJUANA ADVOCATE

CEDAR CITY, Utah -Marijuana seized during the arrest of medical-marijuana
advocate Dennis Peron and two other San Francisco men has been ruled
inadmissible, setting the stage for possible dismissal of the case.

Fifth District Judge J. Philip Eves ruled Monday that because police entered
the motel room of Peron, 56, John Entwistle, 38, and Kasey Conder, 20, on
Nov. 14, 2001, without a search warrant, none of the evidence seized could
be used during trial.

Peron helped draft California's medical marijuana law and was founder of San
Francisco's Cannabis Cultivation Club

Police were called to his hotel room after a maid said she smelled marijuana
smoke coming from the room.

More than a pound of marijuana and approximately $4,500 in cash was seized.
The three men argued initially that their possession of the marijuana was
legal because all three have prescriptions, issued by a California doctor,
to use the drug to treat alcoholism and depression.

Iron County Attorney Scott Garrett now has only two options: He can appeal
the ruling or ask Eves to dismiss the case.

"What I'll do is talk to the state attorney general's office to see if there
are any appealable issues here," Garrett said. "If there are, we'll support
the appeal process. If they decide they don't want to pursue an appeal,
we'll dismiss the case.

"We're disappointed (with the ruling), but we respect Judge Eves' decision
and understand why he ruled the way he did. The Fourth Amendment is there to
protect all of us," he said.

Peron, Entwistle and Conder had sought dismissal of the charges, arguing
their prescriptions for the drug should be recognized in Utah. Eves denied
that motion, stating that Utah does not recognize the medicinal use of
marijuana.

The three men have been active in Utah, holding rallies to petition for
legalizing medicinal marijuana.


Pubdate: Fri, 25 Apr 2003
Source: Associated Press (Wire)
Copyright: 2003 Associated Press
Details: http://www.mapinc.org/media/27
Author: Associated Press