MEDICAL MARIJUANA GOES ON TRIAL

Santa Rosan Charged With Growing Pot Says He Needs It For Pain Management

As the county's first medical marijuana trial got under way Wednesday, a
prosecutor described the defendant as someone who was "given an inch, but
took a mile" by growing too many plants.

In opening statements, Sonoma County prosecutor Carla Claeys said Alan
MacFarlane was given approval by his doctor to use marijuana but abused it
by growing more than four times as much as he needed.

MacFarlane was twice arrested at his West Santa Rosa home in 1999, even
though he alerted authorities that he was growing marijuana under
Proposition 215, which was enacted by California voters in 1996.

Members of the Sonoma Alliance for Medical Marijuana said there have been
less than a half-dozen similar trials in the state. They say juries have
tended to side with defendants.

"Most (verdicts) are in favor of the patient. Juries are very friendly to
them," said Ernest "Doc" Knapp, a spokesman for the medical marijuana group.

MacFarlane, 47, disputes that the 73 plants he was growing before his first
arrest were excessive, or that the 36 plants narcotics officers seized the
second time were too many.

"It will be irrefutable that this was a reasonable amount for personal,
medical use," defense attorney Sandy Feinland said.

MacFarlane, a Vietnam-era veteran, said he suffers from chronic pain.
Feinland said that requires much more marijuana than a recreational user.

The only witness to testify Wednesday was Sonoma County sheriff's Detective
Rob Gordon, a member of the narcotics task force that went to MacFarlane's
house in May 1999 after a neighbor reported marijuana was growing in the
defendant's back yard.

Gordon said the defendant handed him a letter from his physician, L. Wayne
Keiser of Santa Rosa, stating "I believe he would qualify for medical
marijuana."

But Gordon said the doctor "told me this letter was not intended for him to
have medical marijuana, or to grow it, but to assist Mr. MacFarlane to go
through legal channels" and buy at cannabis buyers clubs.

Keiser is scheduled to testify today.

Feinland noted that physicians risk the loss of their license by
prescribing marijuana since it is forbidden by federal law.

The detective responded that Keiser "wanted to be absolutely certain he
didn't jeopardize his license."

Gordon said officers returned to MacFarlane's house in August 1999 after
police chasing a robbery suspect through the back yard spotted marijuana
plants.

The narcotics task force again obtained a search warrant and confiscated
more plants, using a battering ram to gain access to the house.

Gordon said he saw a new letter from MacFarlane's doctor posted next to the
plants, stating that his patient gets relief from multiple medical problems
through the use of marijuana and it gives him a "semblance of normal life."

"After reading this, you took every single plant?" Feinland asked.

"Yes I did," Gordon replied.

He acknowledged under cross-examination that MacFarlane might have to pay
$400 to $500 for an ounce of marijuana if he bought it on the street
instead of growing his own.

Asked if that made it necessary for MacFarlane to "cultivate his own
medicine," Gordon responded, "no."

MacFarlane faces a seven-year prison sentence if he is convicted, according
to his attorney.