cannabisnews.com: Pot Trial Focuses on Reason for Growing Pot Trial Focuses on Reason for Growing Posted by FoM on March 14, 2001 at 07:05:12 PT By Clark Mason, The Press Democrat Source: Press Democrat From the prosecution's point of view, greed and profit were the heart of an 899-plant marijuana farm in Petaluma, not kindness and compassion for medical marijuana users.As the trial for two employees of a medical marijuana buyers club got under way Tuesday, a prosecutor told the jury it was a straightforward drug sales case -- not a debate over the use of pot for medical reasons. In stark contrast, defense attorneys portrayed the two defendants as doing noble work, helping sick and dying people in San Francisco get marijuana to ease suffering from AIDS, cancer and other ailments."Ken Hayes was potentially doing God's work," Hayes' attorney, William Panzer, said in his opening statement. "That's why it's an honor to represent him."Panzer, co-author of the 1996 initiative that authorized medical use of marijuana, said the evidence will show Hayes, 33, was not getting rich, or even breaking even, but losing money on the pot farming operation off King Road.Hayes, 33, was the executive director of CHAMP -- Cannabis Helping Alleviate Medical Problems -- and says he was the caregiver for more than 1,200 people who obtained marijuana at the facility in the Castro district of San Francisco.He and the ex-general manager of the club, Michael S. Foley, 34, are charged with marijuana cultivation, possession with intent to sell and possession of a pound of hashish.In her opening statement to the jury, prosecutor Carla Claeys said the King Road pot farm was large and sophisticated."The defense will be that they were primary caregivers under the Compassionate Use Act," she said. "This case is not about a cannabis club in San Francisco, or politics in San Francisco, or whether it should be used for medical purposes, or not. This is a sales case."Hayes and Foley face up to five years in prison if convicted, but Panzer said he believes by the time the trial is over, the jury will be angry that prosecutors pursued the case against the pair.Panzer said the club made every effort to conform to the law when it came to dispensing marijuana, including consulting with San Francisco District Attorney Terence Hallinan, who is expected to testify for the defense."There were not sales out the back door to high school kids," he said.Although some court rulings have held that caregivers can be compensated for their expenses and services in providing marijuana, Claeys said Hayes had no paperwork to show itemization of costs."They were straight out selling marijuana for money," she said.She said the pot farm was worth a half-million dollars. It consisted of six small greenhouses and a hydroponic operation using artificial lights inside the barn. Authorities also seized a .22-caliber rifle, but the defense says Hayes was using it to guard the chicken coop against raccoons.Rebutting arguments that Hayes does not qualify under California's medical marijuana law as a caregiver, Panzer said Hayes' club did more than simply furnish marijuana.He said the club, with Hayes at the helm, also provided social programs, dinners, massages and a place to go for sick people who otherwise would be sitting at home.After taking the reins of the club in 1998, Panzer said Hayes decided it would be cheaper for the club to grow its own marijuana and had that in mind when he rented the two-acre property on King Road.Although prosecutors said last week that Hayes had been arrested for growing 50 marijuana plants in Marin County in 1997, Claeys acknowledged Tuesday that that information was incorrect and Hayes was neither arrested nor charged in connection with that case.Hayes said a neighbor complained about his growing operation in Marin County, but the police who investigated were satisfied the plants were for medical purposes.The trial, which began Tuesday in the courtroom of Sonoma County Judge Robert Boyd, is expected to last two to three weeks, with most of the testimony from defense witnesses.You can reach Staff Writer Clark Mason at: cmason pressdemocrat.comSource: Press Democrat, The (CA) Author: Clark Mason, The Press DemocratPublished: March 14, 2001Copyright: 2001 The Press Democrat Address: P. O. Box 569, Santa Rosa CA 95402 Fax: (707) 521-5305 Contact: letters pressdemo.com Website: http://www.pressdemo.com/ Forum: http://www.pressdemo.com/opinion/talk/ Related Articles & Web Site:C.H.A.M.P.http://www.champsf.org/Cannabis Club Pot-Growing Trial Begins http://cannabisnews.com/news/thread9003.shtmlCounty Jurors To Rule on Medical Marijuana Once Againhttp://cannabisnews.com/news/thread8985.shtml Home Comment Email Register Recent Comments Help Comment #2 posted by Dr. Ganj on March 15, 2001 at 09:23:55 PT One More Trial, One More Acquittal Since I'm so close to Santa Rosa, and I thoroughly loathe the police up there, I think I'll visit this courtroom drama, and witness this total waste of taxpayers' money, and of course, see another jury send a loud message in the form of an acquittal to Mr. Hayes and Mr. Foley.As I said before, TAKE THEM TO TRIAL!! http://www.champsf.org [ Post Comment ] Comment #1 posted by NiftySplifty on March 14, 2001 at 10:48:27 PT A little ironic, maybe. From the prosecution's point of view, greed and profit were the heart of an 899-plant marijuana farm in Petaluma, not kindness and compassion for medical marijuana users.This could also be re-stated:From a Civil Rights point of view, greed and profit are the heart of every asset forfeiture law in the nation, not protection of the children.Nifty... [ Post Comment ] Post Comment Name: Optional Password: E-Mail: Subject: Comment: [Please refrain from using profanity in your message] Link URL: Link Title: