MEDICAL-MARIJUANA USERS RAISE MONEY FOR COST OF LEGAL DEFENSE

It was an August day like any other a year ago.

JoAnn Cates was inside her Johnson Valley home preparing to lie down
for a nap with her great-grandson, while her husband, Rich McCabe,
watered the front yard outside.

Moments later, as many as 12 armed sheriff's deputies rushed through
their mobile home and made their way to a greenhouse filled with
thriving marijuana plants.

Once the deputies - who claimed they were looking for stolen goods -
located the crop, the couple were handcuffed and taken to jail.

The lives of the medical-marijuana patients have been a legal
nightmare, complete with court appearances and costly attorney fees.

"What we were doing was not against the law. We voted for this years
ago," said Cates, who like her husband uses pot to alleviate the pain
of arthritis, cancer and other ailments. "All we want is for this to
end so we can get back to our lives."

To speed up a return to normality, Cates, 74, and McCabe, 66, are
holding a fundraiser today at the Castle Inn in Landers.

The music fest and barbecue to keep Cates and McCabe out of jail will
be hosted by comedian Teri Joyce.

There will also be entertainment provided by local rock, country and
bluegrass bands, and a barbecue.

The couple, who have raised $7,000 at previous fundraisers, need to
come up with $8,000 more for their Bay Area attorneys.

Lanny Swerdlow, the director of the Marijuana Anti-Prohibition
Project and a staunch supporter of the couple, said the effort should
not even be necessary.

"My concern is they are legitimate medical-marijuana patients who
were handcuffed and taken to jail," he said. "It's like they are
sending out a message to other grandmothers who are thinking about
using marijuana to treat their arthritis that they better think twice."

The couple's legal battle is part of a bigger picture that pits the
state against counties and federal authorities.

Swerdlow said San Bernardino County is one of the worst in the state
when it comes to refusing to recognize the medical-marijuana law.

At issue is the medical-marijuana ID card.

"State law in existence since 2003 says people can't be arrested with
a medical-marijuana ID card, but the county refuses to issue them and
keeps going after medical-marijuana patients," he said. "It's
lawlessness on the part of the county."

But Michael Abacherli, a prosecutor with the district attorney's
Marijuana Suppression Unit, said there is nothing lawless about it.

The couple were charged with cultivation of marijuana and possession
for sales of marijuana because they had an excessive number of
plants, more than they could use for themselves, he said.

"The couple's age and medical conditions do come into play," he said.
"But the bottom line is, there are laws limiting the amount of
marijuana grown."

Meanwhile, the couple hope the lawyers they have hired will get them
off the hook.

"We are not the type of people who are selling marijuana on the
corner," Cates said. "We just use it because it makes us feel better."