CEDAR CITY — Iron County Attorney Scott Garrett is dropping prosecution of three San Francisco men arrested 20 months ago on drug charges.

Garrett filed a motion to dismiss the case after the state Attorney General's Office announced Thursday it will not appeal a judge's ruling that the search of the men's motel room was unconstitutional.

Fifth District Judge Philip Eves had ruled that the rights of Dennis Peron, 57, John Entwistle, 37, and Kasey Conder, 20, were violated during a November 2001 arrest at a Cedar City motel. They were charged with possession of marijuana with the intent to distribute.

Eves ruled that police violated their rights by not first obtaining a search warrant. Police were called when a motel worker said she smelled marijuana.

"Obviously, we're disappointed that the motion to suppress the evidence was granted and that there will be no appeal, but we respect the attorney general's position and understand the decision he has made," Garrett said.

Peron helped draft California's medical marijuana law and was founder of San Francisco's Cannabis Cultivation Club

Peron, Entwistle and Conder had sought dismissal of the charges against them, citing their prescriptions for the drug should be recognized in Utah.

Eves denied that motion, stating that Utah does not recognize the medicinal use of marijuana.

The three men have been active in Utah, holding rallies to petition for legalizing medicinal marijuana.