MEDICAL MARIJUANA GROWER'S SENTENCE REDUCED

OROVILLE -- When a Paradise woman began growing and selling medical
marijuana as part of a "collective" involving more than 50 other
local patients, she never thought she could end up losing her home.

Documents show that after being contacted by Butte County sheriff's
officers, federal prosecutors obtained a lien against Patricia
Hatton's two-bedroom residence under a separate asset-forfeiture
action in U.S. District Court in Sacramento.

Though Hatton said she still doesn't feel she committed a crime, she
agreed to plead guilty to pot cultivation in exchange for receiving a
20 percent share of the sale of her 6893 Lunar Lane house, which the
ridge woman said was recently appraised at $190,000.

Hatton, who suffers from a chronic back injury and had lived in the
house about nine years, said she had been encouraged to grow medical
marijuana for others unable to do so themselves and only sold to
patients, like herself, with a valid doctor's recommendation.

At her sentencing Wednesday, her attorney, Jodea Foster of Chico,
pointed out the state Legislature authorized the formation of medical
marijuana collectives and that recent court cases permitted growers
to receive financial reimbursement for cultivation expenses.

But even if she was acquitted by a local jury of the pot charges,
Foster said he advised her she would likely lose her home anyway in
federal court, which does not recognize the legitimacy of
California's medical marijuana laws.

Criticizing what he called the government's "strong-arm" tactics in
the case, Hatton's lawyer urged leniency in her case. "These
(sheriff's) officers subverted the laws of California, did an end-run
around medical marijuana laws and turned Mrs. Hatton over to the
federal government where she was defenseless," the defense attorney charged.

In response, Butte County deputy district attorney A.J. Haggard
pointed out when she was arrested, there were 211 marijuana plants in
various stages of growth inside Hatton's home, plus additional
amounts of processed pot.

The prosecutor said price lists found at the residence, setting an
ounce of marijuana at $280, showed the ridge woman had "made a
decision to make this into a commercial operation ... (with) a huge
profit margin."

Arguing that Proposition 215 "was not designed to encourage drug
dealing," Haggard asked Superior Court Judge James Reilley to follow
the recommended sentence of 90 days in jail, plus 200 hours of
community service.

Citing the defendant's age and lack of any prior record, the judge
cut the jail term to only 30 days, and allowed Hatton to begin the
sentence after the holidays.

The judge also cut in half the proposed community service hours, and
struck several conditions of her probation that would have required
her to pay drug fines and complete a residential treatment program.

Letters in support of Hatton, characterizing her as a compassionate
person who was only trying to relieve suffering, were submitted to
the judge prior to Wednesday's sentencing hearing from her grown
daughter and two members of the defendant's Paradise medical
marijuana collective.

Hatton, who lost her part-time job following her arrest and is now
living with her elderly parents, said she doesn't feel she deserves
any time behind bars.

"If I was making nothing but money, I'd be driving a Lincoln and my
house would definitely have been paid off; I'm poverty stricken and I
have no home now," observed the ridge woman.

Until the courts or Legislature removes "the mass confusion" over
medical marijuana laws, Hatton advises others to consult an attorney
before starting up a similar patient co-op.

"If this is how Butte County is going to operate from now on, if
you're a homeowner, you're going to lose your home ... and that is absurd."