DA Hallinan unhappy with cops' pot raid at AIDS patient's home

Friends of suspect say plants were for medicinal purposes

Zachary Coile
OF THE EXAMINER STAFF

San Francisco District Attorney Terence Hallinan is crying foul over a
police raid at the home of an AIDS patient suspected of growing
marijuana.

Hallinan said he had never approved a warrant to search the Ingleside
home of the patient. The man, whose name was not released by police,
was arrested Monday night after officers found approximately 50 plants
and tens of thousands of dollars at his house.

Friends of the man insist the marijuana was grown for medicinal
purposes only. Police believe the man was operating an illegal,
commercial marijuana business.

Hallinan said he was questioning whether police had had proper grounds
for the search and whether it had violated the intent of Proposition
215, the voterapproved initiative legalizing marijuana use for those
with a doctor's prescription.

"I'm upset about this," Hallinan said Monday night. "I'm upset that no
one conferred with me about this thing. I'm here begging the feds not
to bring a case (against a local buyers' club), and our narcotics
squad is out there doing this."

Narcotics Officer John Keane, who wrote the search warrant, said the
warrant had been approved by a judge and cleared by an assistant
district attorney. Keane said citizen complaints had led to the raid.

Hallinan said he doubted the warrant had been approved by his office
but would look into the matter Tuesday.

Friends of the man said he gave away and sold marijuana only to those
suffering from AIDS, cancer and other illnesses. They also said he was
a volunteer at Flower Therapy Club, the cultivators club that was
raided by federal drug agents in April. Hallinan has urged U.S.
Attorney Michael Yamaguchi not to prosecute the case, and no charges
have been filed.

The man was booked into County Jail on charges of cultivation and
possession of marijuana. The plants found in what police described as
a "hydroponic growth" lab were impounded.

Dennis Peron, founder of the Cannabis Cultivators Club in San
Francisco, said the arrest showed that The City's Police Department
had yet to get the message that medicinal marijuana was legal.

"When are they going to get over it?" Peron asked. "They may not like
(Prop. 215), but it is the law."