MARIJUANA ACTIVIST SENTENCED TO PRISON

Judge Cites State-Federal Conflict

Unswayed by pleas for leniency filed by more than a dozen patients,
community leaders and elected officials, U.S. District Judge James
Fitzgerald yesterday sentenced medical marijuana activist Steve McWilliams
to six months in prison - the maximum allowed under his plea bargain.

The longtime marijuana advocate from Normal Heights also was given three
years' probation, ordered to seek drug-abuse counseling and told to register
as a convicted drug offender.

Fitzgerald did not explain his reasoning in imposing the prison term. Each
of the sentencing conditions, however, was delayed pending an appeal.

"What's really at the base of this case is a conflict between the state of
California and federal law," the judge said. "That conflict, I don't believe
can be resolved at trial courts. It will have to be resolved at the
appellate level."

McWilliams, who appeared in federal court wearing slacks, a tan sport coat
and silver tie - a sharp deviation from his usual blue jeans and T-shirt -
will remain free on bail while his attorneys ask a higher court to overturn
the conviction.

In the meantime, McWilliams may not use or possess marijuana - a stipulation
he says contributes to the severe pain and financial hardship he has
experienced since his arrest in October.

Over recent months, he says, he has spent tens of thousands of dollars of
his mother's money on prescription pain killers and other drug therapies
that he said are less effective than marijuana and cause side effects such
as constipation, insomnia and migraine headaches.

Moments before being sentenced, McWilliams was cut off by the judge during
his statement to the court. Neither was he able to show Fitzgerald the
awards, framed newspaper reports or the dozens of empty prescription bottles
he had brought along.

"I was disappointed the judge didn't want to hear anything," McWilliams said
outside the federal courthouse.

Federal prosecutors said they were satisfied with the sentence imposed by
Fitzgerald.

"We think (six months) is appropriate given his contacts with law
enforcement," Assistant U.S. Attorney Timothy D. Coughlin said. "It's very
clear what the law is and federal law makes it illegal to manufacture
marijuana."

McWilliams, 48, was arrested in October by federal drug agents on charges of
cultivation of marijuana, weeks after he handed out samples of the illegal
herb in front of San Diego City Hall during one of his many protests.

For years, McWilliams has been a high-profile advocate of the medicinal
benefits of smoking marijuana. He was given three years' probation after a
1999 state marijuana conviction.

He has taught cancer patients and other sick and dying people how to grow
plants of their own and how to obtain a doctor's recommendation to use the
drug under California's Proposition 215, which permits the medical use of
marijuana.

McWilliams also was instrumental in prompting the city of San Diego to
consider - and later adopt - guidelines under which sick people can
cultivate marijuana within the city limits. San Diego is the largest city in
the nation to approve such an ordinance in defiance of federal drug laws.

McWilliams, who says he suffers chronic pain resulting from a series of car
accidents and other ailments, gained the attention of U.S. narcotics
officers after staging a series of demonstrations and publicizing his plan
to provide marijuana to dying patients.

In February, facing up to 40 years in federal prison, he pleaded guilty to a
single felony charge of illegally cultivating about two dozen plants, on the
condition that he receive no more than six months in prison.

"It's just malicious," McWilliams said of the government's case. "They've
seen our medical records. They know everything and still they want this."

More than 15 people wrote to Fitzgerald before the hearing to urge the judge
to show leniency toward McWilliams, including San Diego Councilwoman Toni
Atkins and former Councilman George Stevens.

"Mr. McWilliams gives a voice to those unable to speak up in support of
cancer patients undergoing chemotherapy, AIDS patients combating wasting
syndrome and severe migraine sufferers - many of whom benefit from access to
medicinal cannabis," Atkins wrote.

Defense attorney Patrick Dudley is assisting McWilliams' lead attorney,
David Zugman. Zugman had to leave court minutes after sentencing, but Dudley
vowed to appeal to the Ninth Circuit U.S. Court of Appeal.

"Hopefully, Steve's case will resolve this issue on behalf of medical
cannabis users," he said.