-Caveat Lector-
California man sentenced to 27 months as feds crack down on medical
marijuana
Copyright � 1999 Nando Media
Copyright � 1999 Reuters News Service
SACRAMENTO, Calif. (August 6, 1999 6:31 p.m. EDT
http://www.nandotimes.com) - A federal judge on Friday gave a Vietnam
veteran the longest possible prison sentence for raising "medical"
marijuana, which the vet contended was legal under California state law.
U.S. District Judge Garland Burrell sentenced 52-year-old B.E. Smith to 27
months in federal prison, the first such sentence since California voters
passed the "Compassionate Use Act" legalizing medical uses of
marijuana in 1996.
"Every day I'm in prison will be seen by me as another day in service of my
nation," Smith said before sentencing. "I forgive you for what you're about
to do to me."
Smith's case marked the latest clash over medical marijuana as California
seeks to resolve the conflict between federal laws banning possession and
cultivation of the drug and its own Proposition 215, the pioneering state
measure allowing its medical use.
Smith, who suffers from post-traumatic stress disorder after serving two
tours of duty in Vietnam, obtained a prescription for medical marijuana
after the state law was passed in 1996. He subsequently established
himself as a "caregiver" to nine other patients, which under the state
measure would allow him to cultivate cannabis plants.
Long an outspoken champion of individual freedoms, Smith notified county
supervisors and the local sheriff that he was planting 87 cannabis plants,
and even posted a sign in the middle of the field identifying it as a medical
marijuana garden.
In Smith's trial, however, Burrell granted a motion by federal prosecutors
seeking to ban any defense arguments related to the state law or to
assertions about marijuana's alleged medical benefits.
Smith's lawyers said Friday they would appeal Smith's conviction.
"This decision demonstrates the lack of compassion that gave rise to the
need for Proposition 215 and medical marijuana initiatives in other states,"
attorney Thomas Ballanco said.
A number of other U.S. states have followed California's lead and passed
state measures approving limited medical uses for marijuana. But the
federal government has vowed to assert the primacy of federal anti-
narcotics laws, leaving the issue in a legal limbo.
------------------------------------------------------------------------
Steve Wingate
California Director
SKYWATCH INTERNATIONAL
Anomalous Images and UFO Files
http://www.anomalous-images.com
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