Articles - Law Offices of Eric D. Shevin

Medicinal Marijuana Use Case in Court

A Temecula couple facing felony charges of possessing marijuana for sales say they grew and used the drug strictly for medicinal purposes ---- as allowed by state law.

Martin and LaVonne Victor were arrested in October after Riverside County sheriff's deputies raided their home and seized the marijuana. Both are facing charges of possession of marijuana for sales and cultivation of marijuana.

The couple was in court Wednesday for the second day of a hearing, after which a judge will decide whether they should stand trial. Judge James Warren will ultimately make that decision, one that will be delayed more than a month because the preliminary hearing will not resume in his Perris courtroom until Sept. 27.

The Victors' West Hollywood-based attorney, Eric Shevin, said after court Wednesday that he expects others who use marijuana medicinally will see the outcome of this case as a "guideline for how they are expected to act under the law."

The Victors are among those who have received written authorization from doctors to use marijuana under Proposition 215, a 1996 California initiative that legalized the use of medicinal marijuana.

Each county in the state sets its own standard on how much people are allowed to grow under Prop. 215. Riverside County allows the amount possessed to not exceed that necessary for medicinal purposes.

While Shevin is arguing before the court that his clients were doing just that, prosecutor Cynthia Brewer said the Victors easily exceeded what they should have possessed.

Shevin said authorities seized about six or seven pounds of marijuana, which was being stored in sealed mason jars. The remainder of the seizure consisted primarily of leaves, stems and plants with soil still attached, he said.

Brewer, however, counters that there were 15.7 pounds in the mason jars, another 6.2 pounds in trash bags and eight plants being cultivated on the couple's property. Of those eight plants, five had buds that could have been harvested to bring in another half pound of marijuana apiece, she said.
"That 25 pounds far exceeds personal use," Brewer said outside the courtroom. "They had enough for about eight years for the amount they claim to have been using (medicinally)."

The Santa Barbara doctor who wrote the letters authorizing the Victors to use marijuana medicinally concluded his testimony Wednesday. Dr. David Bearman was the first witness called Monday by Shevin, who is expected to call the Victors to the stand when the hearing resumes next month. Bearman testified Wednesday that he approved the legal use of marijuana to Martin Victor, 50, who was diagnosed with optical edema. LaVonne Victor, 45, received letters authorizing legal marijuana use after being diagnosed with multiple sclerosis and panic attacks, Bearman said. Brewer questioned the doctor Wednesday about the medical conditions of both defendants, who Bearman said received their letters allowing legal marijuana use in the summer of 2001.

When questioned by Shevin, Bearman said that when supported by the evidence of their medical records, it would not be possible for Martin Victor to fake optical edema or for LaVonne Victor to fake multiple sclerosis. He also testified that he witnessed LaVonne Victor suffer from panic attacks in court on two occasions ---- on Monday and on Aug. 9. He testified that he has "no reservations whatsoever" that they were actual attacks.

When questioned by Brewer, Bearman said he has written about 500 to 600 marijuana approval letters over the last two years. He said he treats some patients with medications and others with the marijuana-use letters, but admitted about 80 percent to 85 percent of his patients receive letters.

Outside the courtroom Wednesday, both Brewer and Shevin downplayed the possibility that this case would set any precedent in the legal community over the medical use of marijuana. Brewer said "this is just one of the many cases I'm assigned to prosecute," adding that the Victors are not receiving any special treatment or any "hard-line prosecution" because they were authorized to use marijuana medicinally.

Shevin said this case is more important to the Victors than to any interpretation of the law under Prop. 215. "Any time innocent people are facing criminal prosecution and incarceration without having violated any law creates an important case," Shevin said.

Source: North County Times
By John Hall, Staff Writer

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