cannabisnews.com: Pot Grower Status as Caregiver Hit Pot Grower Status as Caregiver Hit Posted by FoM on April 12, 2001 at 07:40:33 PT By Clark Mason, The Press Democrat Source: Press Democrat The former head of a medical marijuana club conceded Wednesday that there are no records designating him as the primary caregiver for the 1,280 people who obtained pot from the club. That is a pivotal issue in the case against Kenneth Hayes, who is being tried on charges of growing marijuana for sale.Hayes contends 899 marijuana plants seized from a home in Petaluma were destined for a San Francisco marijuana buyers club. But under cross-examination by prosecutors, he acknowledged he didn't know the specific illnesses or medical needs of many people who came to the club.Asked about medical records maintained by the club, Hayes said, "I don't think you'll find my name on any files."Proposition 215, the 1996 initiative allowing medical use of marijuana, included a provision allowing primary caregivers to be in possession of marijuana.Hayes contends he was the caregiver for members of the club.Sonoma County prosecutor Carla Claeys questioned him about the contents of club member files, piled high in the courtroom next to burlap sacks of marijuana taken from his Petaluma home.The prosecutor asked Hayes how he could be a caregiver to people he saw once or twice a year, including some who live in Southern California."How can you possibly consistently assume responsibility for the housing, health or safety of that person?" she asked, repeating the definition of primary caregiver spelled out in the state's medical marijuana law.Hayes said he helped some people obtain housing, and his staff provided free dinners and support groups. "My job was to set up a system to see that their needs were met," he said.He called the club a safe place for people to get their "medicine," free from law enforcement hassle. "Rogue cops and D.A.'s continue to prosecute patients and caregivers," Hayes said.Nothing in the law requires users to designate a caregiver in writing, he said.Prosecutors say Hayes and co-defendant Michael S. Foley weren't caregivers but instead were selling marijuana. They also are charged with possession of hashish.Hayes denies that he was providing marijuana to anyone other than bona-fide users who had approval from a physician.Asked why he didn't inform Sonoma County officials he was growing marijuana, if he believed what he was doing was legal, Hayes said, "It didn't cross my mind I needed to call the district attorney and say "hey, I'm growing cannabis for sick and dying people."He added that it doesn't make sense to announce where marijuana is being grown because it could be stolen. "Don't ask, don't tell" is the best policy, Hayes said.Note: Prosecutor says ex-head of medical marijuana club was dealer, not healer.Source: Press Democrat, The (CA) Author: Clark Mason, The Press DemocratPublished: April 12, 2001Copyright: 2001 The Press Democrat Contact: letters pressdemo.com Website: http://www.pressdemo.com/ Related Articles & Web Site:C.H.A.M.P.http://www.champsf.org/Pot Club's Leader Calls Self Caregiver http://cannabisnews.com/news/thread9322.shtmlHallinan Takes The Stand for Medical Pot Grower http://cannabisnews.com/news/thread9224.shtmlHallinan Testifies At Medical Pot Growers' Trial http://cannabisnews.com/news/thread9184.shtml Home Comment Email Register Recent Comments Help Comment #4 posted by FoM on April 12, 2001 at 16:20:25 PT Jean Jean I know what you mean. Dear Lord what is so wrong with us that they hate us so much. We are our own culture. We can't help it because it's who we are. Where does it end? If it doesn't stop with us what group will be next? It won't stop. The circle goes round and round. Acceptance with not necessarily approval would be a good start for them. They don't have to like me just let me and all of us live our lives since it is suppose to be ours and yes it would seem like rape when someone enters your home under those conditions. [ Post Comment ] Comment #3 posted by Jeaneous on April 12, 2001 at 11:17:55 PT: FoM Thank you for a place to vent. My heart is aching with all that this war is taking from me. I am legal. I am doing what my doctor says. Yet, I have to open my door to these officers, and let them touch me, and watch them go through all of my drawers and under my bed and my pill drawer, and not feel violated. I don't know how much more I can take. These searches make you uncomfortable in your own home. Like I don't own it. It isn't mine. It's theirs to come and search anytime they choose. I am willing to go as public as I can now. Jail can't be much worse than what they are doing to us now. [ Post Comment ] Comment #2 posted by FoM on April 12, 2001 at 10:57:47 PT Oh Jean That's terrible. This must stop. What in the world has happened to our country? I don't want to leave the country but what will people do if our liberties are taken away one at a time. We've watched it happen many times right before our eyes. The one thing good is the Internet. We don't need to depend on TV News to get all the news. We're spending so much tv time on China but what happened to Hoof and Mouth Disease? I'm not saying that the China issue isn't important but when does I'm sorry mean I'm sorry drives me up a wall. China has more in their army then we have people in the United States my husband said. If that is true then we better get a little humility and stop thinking we are as big as we think we are. What's New [ Post Comment ] Comment #1 posted by Jeaneous on April 12, 2001 at 10:41:50 PT: Let em grow! If the damn courts want to keep pushing Cannabis Clubs out of business, then they better let the patients grow. And teach them how to grow. For it's our right to obtain our medication. It is too bad that "fear of prosecution" keeps so many of us from putting our names on paper, that's how they are winning.Jeff, from Oakland will have paperwork in order. In this legal war, the paper trail is what will speak the truth. I no longer fear my name on their lists. I have so much to lose, but damnit... it's time to lose it if that's what it takes.I'm angry at this war... very angry. I had a search on the 10th for my husbands probation. He's on probation, yet I get searched. Because I have my medication, they can take him out the door whenever they choose. Because I keep minimal amounts on hand he didn't take him, but I'm sick of living my life in this god awful fear. I'm willing to lose now so we can win.IT'S TIME!!! 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