cannabisnews.com: Experts To Be Heard in Marijuana Case 





Experts To Be Heard in Marijuana Case 
Posted by CN Staff on August 23, 2003 at 12:33:35 PT
By Joe Vargo, The Press-Enterprise 
Source: Press-Enterprise 
Temecula -- A judge indicated the fate of two Temecula residents charged with growing marijuana to treat what they claim are numerous health woes may hinge on testimony from doctors and other medical experts. Attorneys for the husband and wife say they have such people waiting to testify. Superior Court Judge Rodney Walker on Friday denied a motion to dismiss the case against Martin and La Vonne Victor, who are charged with possessing and cultivating marijuana.
Their lawyers argued that prosecutors did not have sufficient evidence to bring charges against the couple under Prop. 215, the 1996 initiative which allows for the "compassionate use" of marijuana for medical purposes. Martin Victor, 50, suffers from debilitating headaches, the result of damaged optic nerves. La Vonne Victor, 47, suffers from multiple sclerosis, panic attacks, compressed vertebrae in her back and emphysema. The couple say marijuana relieves their pain quickly and more completely than other medicines they've tried. During most of the hour-long hearing, Walker and the Victors' attorney sparred about the standards -- or the lack of them -- doctors use to recommend that their patients use marijuana for medicinal purposes and how much is too much. While acknowledging that Prop. 215 allows for the medical use of marijuana, Walker said the statute does not give people the right to grow unlimited amounts of the drug. The Victors grew eight plants, which their attorneys said produced 7.8 pounds of marijuana buds and about nine pounds of stems, seeds and other material. Prosecutors contend that the couple had 21 pounds of marijuana when police raided their Temecula home in October 2001. "It's the doctor's responsibility to prescribe the appropriate amount of medication, but with marijuana, doctors don't know what the right amount is and don't know how much is in each plant," Walker said. "The doctor doesn't know how much is enough and police officers are under the impression that the amount seized is way too much for personal use." Walker said he will hold pre-trial hearings to "try to gain reliable medical testimony" about marijuana's medical value and in what amounts it should be prescribed for various conditions. "It's a chemical substance used for medical purposes," Walker said. "The only standard we can apply is a medical one." Defense attorney J. David Nick said he was pleased that medical experts will testify. He believes that if the judge is convinced that marijuana helps alleviate the Victors' pain, charges could be thrown out. "It gives us a decent chance the case will be dismissed," he said. Walker set another hearing for Sept. 12. Note: Temecula: A couple charged with growing the plant say they need it as a medicine. Source: Press-Enterprise (CA)Author: Joe Vargo, The Press-Enterprise Published: Saturday, August 23, 2003 Copyright: 2003 The Press-Enterprise CompanyContact: letters pe.comWebsite: http://www.pe.com/Related Articles & Web Site:Medical Marijuana Information Linkshttp://freedomtoexhale.com/medical.htmCouple To Stand Trial On Marijuana Chargeshttp://cannabisnews.com/news/thread14276.shtmlMedicinal Marijuana Use Case in Courthttp://cannabisnews.com/news/thread13841.shtml
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