DOCTOR TESTIFIES HE APPROVED PATIENT'S MEDICINAL USE OF POT

Contradicting the arresting deputy's testimony, a physician said Thursday
that he approved a Santa Rosa man's medical use of marijuana.

Dr. Wayne Keiser said he gave a green light to Alan MacFarlane to use
marijuana but didn't tell him what amount to use or how many plants to grow.

Keiser said he trusted his patient to use the amount needed, and it seemed
to be alleviating painful nerve paralysis in his neck and shoulder.

"I decided, based on a discussion with him, it was beneficial," Keiser
testified at MacFarlane's trial. "I took him at his word. He used marijuana
and said it gave him relief."

Keiser contradicted sheriff's detective Rob Gordon, who testified the
doctor denied giving approval for MacFarlane to use medical marijuana.

Gordon headed a narcotics task force that went to MacFarlane's west Santa
Rosa home twice during a three-month period in 1999, confiscating 109
marijuana plants.

The Sonoma County district attorney contends MacFarlane was growing more
than he needed for his medical needs. He is charged with two counts of
marijuana cultivation.

Prosecutor Carla Claeys questioned the doctor in detail about the specifics
of MacFarlane's medical problems. She asked if the physician's approval was
contingent on moderate use of marijuana.

"No," Keiser replied.

Gordon on Thursday repeated his testimony that the first time he called,
the doctor stated "in no way, shape or form did I approve the use of
medical marijuana" for MacFarlane.

Keiser denied saying that to the detective.

"I told him I wrote letters and I had given him approval to use medical
marijuana. He asked me if I approved the number of plants. I told him
emphatically I hadn't approved the number."

The detective testified he would have left at least a few plants for
MacFarlane if he truly thought it was a medical case, but the doctor gave
him the impression he had been misled by his patient after being informed
of the amount he was growing.

Defense attorney Sandy Feinland maintains that deputies exaggerated the
amount of marijuana that could have been obtained from MacFarlane's plants
and that it was a reasonable amount for his medical needs.

Although California voters in 1996 approved the use of marijuana for people
with a doctor's approval, the measure didn't say where they can obtain it
and how much they can use and grow.

Most counties, including Sonoma County, have no guidelines as to how many
plants are allowed. In an attempt to resolve conflicts, the Sonoma County
Medical Association established a committee to review the medical records
of marijuana users who want to avoid hassles with law enforcement.

Medical marijuana advocates encourage patients to have their doctors
recommend in writing how many grams of pot they can use per day. MacFarlane
did not have approval from the committee at the time of his arrest, but he
has since gained it.